(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.5 no. 9 (8/1/1990)"

r r^ ^ 



■ 
■ 



The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDER 
FINAL DECISION LETTERS 

PROPOSED RULES 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

Plumbing and Heating Contractors 

Real Estate Commission 



ARRC OBJECTIONS 



RULES INVALIDATED BY 
JUDICIAL DECISION 

ISSUE DATE: AUGUST 1, 1990 
Volume 5 • Issue 9 • Pages 604-635 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subsc riptions seven hundred md fifty dollars 
($750 00). Individual volumes a mailable. 



i 



u 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




I. EXECUTIVE ORDER 

Executive Order 120... 



.604 



Office of Administrative Hearings 

P. O. Drawer 11666 

Ralegh, AC 27604 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella St., 

Deputy Director 
Molly Masich, 

Director APA Services 



II. FINAL DECISION LETTERS 

Voting Rights Act 605 



III. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Water Treatment Facility 

Operators 621 

Human Resources 

Social Services 607 

Justice 
Sheriffs' Education and 

Training Standards 608 

Licensing Boards 
Plumbing and I [eating 

Contractors, Examiners 621 

Real Estate Commission 625 

IV. ARRC OBJECTIONS 629 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 631 

VI. CUMULATIVE INDEX 633 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991 ) 

Issue I,ast Day I.ast Day Earliest * 

Date for for Date for Earliest 

Filing Electronic Public Effective 

Eiling I learing & Date 
Adoption by 
Agency 

******** ******** ******** ******** ******** 

04/02/90 03/12/90 03/19/90 05 02/90 08/0190 

04 1690 03 23 90 03/30,90 05 16/90 08/01/90 

05 0190 04/09:90 04/17,90 05/31/90 09/01/90 
05/15,90 0424,90 05,01/90 06/14/90 09,01,90 
06/01,90 05/10/90 05/17/90 07/01/90 10/01/90 
06/15/90 05/24/90 06/01/90 07/15/90 10/01/90 

07 02 90 06 11/90 06 18/90 08,01/90 11,0190 
07/16/90 06/22,90 06 29 90 08,15/90 1101,90 
08/01,90 07/11/90 07/18/90 08/31/90 12/01/90 
08/15,90 07/25 90 08/01/90 09/14/90 12/01/90 

09 04/90 08/13/90 08 20,90 10 04 90 01/01/91 
09/14 90 0824<90 08/31,90 10 14/90 01/01,91 

10 0190 09/10,90 09 17,90 10 31,90 02/01/91 
10/15/90 09/25/90 10/02/90 11 14/90 02/0E91 

11 01,90 10 11/90 10 18,90 11/30/90 03/01/91 
1115 90 10/24/90 10/31/90 12 14/90 03/01/91 
12/03,90 1108/90 1115,90 01 02 01 04/01,91 

12 1490 1121,90 11/30.90 0113/91 04,0191 
0102,91 12,07/90 12/14,90 02 01/91 05/01/91 
0115 91 12/20/90 12/3190 02/14/91 05/01/91 
020191 0110/91 011791 03,0391 06/01/91 
02/15,91 01/25/91 02 01/91 03/17/91 06/01/91 
03/01/91 02/08/91 02/ 1 5 9 1 03 31,91 07/01/91 
03/15,91 02/22 91 03/0191 04/14 91 07/01/91 
0401,91 03/1191 03/1891 05 0191 08 0191 
04/15/91 03/22/91 04 01/91 05/15/91 08/01/91 
05/01/91 04 10/91 04/1791 05/31/91 09/01/91 
05/15 91 04/24/91 05/01/91 06 14 91 09/01/91 

06 03 91 05/10/91 05/17 91 07,03/91 10 0191 
06 14 91 05 23/91 05 3191 07 14/91 10/01/91 
07/0191 06/10/91 06/17,91 07/31/91 110191 
07/15 91 06/21/91 06/28/91 08/14/91 11/01/91 
08/0191 07/11/91 07/18 91 08,31/91 12/01/91 

08 15 91 07/25/91 08/01 91 09 14 91 12 01 91 
09/03/91 OS 12 91 08/19 91 10 03 91 01,01,92 

09 16 91 08/23/91 08/30 91 10 16 91 01/01/92 

10 0191 09 10 91 09/17/91 10 3191 02,01,92 

10 1591 09 2491 10/0191 111491 02,01,92 

11 01 91 10 11/91 10 18,91 12 01 91 03,01/92 
11/15 91 10 24 91 10 31/91 12 15 91 03 01/92 

12 02 91 11 07/91 11 14 91 01 01 92 04 01 92 
12 16 91 112191 12 02 91 (1115 92 04 0192 



* The "Earliest Effective Dale" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the tide with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 120 

AN EXECUTIVE ORDER ESTABLISHING 

ADDITIONAL 

CRITERIA LOR ELIGIBILITY Oh CERTAIN 

MEMBERS OF THE COASTAL RESOURCES 

COMMISSION 

WHEREAS, NCOS. 113A- 104(c) directs that 
eight of the members appointed by the Governor 
to the Coastal Resources Commission shall be 
persons who do not derive any significant portion 
of their income from land development, con- 
struction, real estate sales, or lobbying and do not 
otherwise serve as agents for development-related 
business activities; and 

WHEREAS, N.C.G.S. 113A-104(c) directs the 
Governor, by executive order, to promulgate cri- 
teria regarding conflicts of interest and disclosure 
thereof for determining the eligibility of persons 
under this section; 

NOW THEREFORE-:, pursuant to the authority 
vested in me by the Constitution of this State and 
N.C.G.S. 113A- 104(c), IT IS HEREBY OR- 
DERED: 

Section _F The eight members of the Coastal 
Resources Commission appointed by the Gov- 
ernor pursuant to N.C.G.S. 113A-104(b) (1) 
through (5), (9), and (11), shall be persons who 
do not derive any significant portion of their in- 
come from land development, construction, real 
estate sales, or lobbying and do not otherwise 
serve as agents for development-related business 
activities. 

(A) For purposes of this section, the term 
"significant portion of their income" shall 
mean ten percent of gross personal in- 
come for a calendar year, except that it 
shall mean fifty percent of gross personal 
income for the calendar year if the recipi- 
ent is over sixty years of age and is re- 
ceiving such portion pursuant to 
retirement, pension, or other similar ar- 
rangements. 

(B) For purposes of this section, the term 
"income" shall mean "gross income" as 
defined in N.C.G.S. 105-134.1(5). 

(C) For purposes of this section, the terms 
"persons deriving a significant portion of 
their income from land development, 
construction, real estate sales, or lobbying 
and do not otherwise serve as agents for 



development -related business activities" 
shall not include any department or 
agency of State Government. 
(D) For purposes of this section, a person 
does not derive income from land devel- 
opment, construction, real estate sales, or 
lobbying or as an agent for development 
related business activities where the per- 
son receives payments from a mutual fund 
or other diversified investment of which 
the person receiving the payments docs 
not know the identity of the primary 
sources of income. 

Section 2. The North Carolina Board of Fthics 
established pursuant to Executive Order Number 
1 dated January 31, 1985, is hereby directed to 
prepare a suitable disclosure form to be com- 
pleted bv prospective Governor's appointees un- 
der N.CG.S. 1 13A- 104(c) and to be used by the 
Governor's Office in determining eligibility under 
Section 1 of this Executive Order. These com- 
pleted forms shall be kept on file and open to 
public inspection by both the North Carolina 
Board of Etliics and the Governor s Office. 

Section 3^ Once a member is appointed, his or 
her Statement of Fconomic Interest is required 
to be filed with the North Carolina Board of 
Fthics pursuant to Executive Order Number 1 
dated January 31, 1985, and shall be updated by 
the member on a regular basis. 

Section 4 The Board of Fthics established 
pursuant to Executive Order Number 1 dated 
January 31, 1985, is hereby directed to monitor 
closely Statements of Economic Interest to de- 
termine continuing eligibility under Section 1 of 
this Executive Order. 

Section 5. Pursuant to Section 2 of Session 
Laws 1989, c. 505, this Order shall not affect the 
terms of members who were serving on the 
Coastal Resources Commission on June 29, 
1989, and arc currently serving their unexpired 
terms. 

Section 6^ This Order shall become effective 
immediately. 

Done in Raleigh, North Carolina, this the 28th 
day of June, 1990. 



5:9 NORTH CAROLINA REGISTER August 1,1990 



604 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the i'nited States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the Xorth Carolina 
Register. / 



U.S. Department of Justice 
Civil Ritditb Division 



JRD:MAP:PJK:rac 

DJ 166-012-3 
AD643 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



Julv 12. 1990 



George A. Weaver, Iisq. 
Lee. Reece & Weaver 
P.O. Box 2047 
Wilson, North Carolina 



27894-2047 



Dear Mr. Weaver: 

This refers to the change in format for voter registration cards in Wilson County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 l.S.C. 1973c. We received your submission on May 17, 1990. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Barn II. Weinberg 
Acting Chief. Voting Section 



605 



5:9 NORTH CAROLINA REGISTER August 1,1990 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:LLT:TGL:gmh 

DJ 166-012-3 Voting Section 

AD107-111; AH381 P.O. Box 66128 

AD699; AH382-408 Washington, D.C. 20035-6128 

July 16, 1990 

DeWitt F. McCarley, Esq. 

City Attorney 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. McCarley: 

This refers to the thirty-two annexations [Ordinance Nos. 2115, 2116, 2139-2141, and 2154-2180 
(1990)] and the designation of the annexed areas to election districts for the City of Greenville in Pitt 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 U.S.C. 1973c. We received your submissions on May 9 and 15, 1990. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Barry II. Weinberg 
Acting Chief, Voting Section 



5:9 NORTH CAROLINA REGISTER August 1,1990 606 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the Division of Social Services in- 
tends to amend rule(s) cited as 10 SCAC 24 A 
.0306. 

J he proposed effective date of this action is July 
1. 1991. 

1 he public hearing, will be conducted at 10:00 
a.m. on September 5, 1990 at the Disability De- 
termination Bui/ding. 321 Chapanoke Rd.. 
Raleigh. NC. 



Cc 



omment Procedures: Interested persons may 
present their views and comments in writing before 
or at the hearing, or orally at the hearing. Time 
limits may be imposed as deemed necessary by the 
Commission Chairman. A fiscal note has been 
prepared. Any person may request information 
or copies of the proposed regulations by writing 
or calling Donna A. Creech, Special Assistant, 
Social Senices, 325 N. Salisbury St.. Raleigh, NC 
27603, (919) 733-3055. 

CHAPTER 24 - SOCIAL SERVICES 

SUBCHAPTER 24A - GENERAL 

SECTION .0300 - COMMISSION 

.0306 STATE PUBLIC ASSISTANCE 
EQUALIZING FUND 

(a) The formula for disbursing equalizing funds 
to county departments of social services is based 
on the following fow eight factors: utilizing the 
most recent fiscal vear information available: 



( 1 ) sales and use tax collection per capita, JA 1 
77 78, 

(2) property tax per capita, P¥- 77 78, 

(3) average monthly number of AFDC recip- 
ients per capita, 1077 78, 

(4) county share of AFDC expenditures per 
capita." F-^ 77 78. 

(5) average monthly number of medicaid re- 
cipients per capita, 

(6) county share of medicaid expenditures per 
capita, 

(7) average monthly number of State County 
Special Assistance clients per capita. 

(8) county share State Count\ Special Assist- 
ance expenditures per capita. 

(b) factors number one and two give indi- 
cation of a county's relative "wealth" or ability 



to support the public assistance programs. Fac- 
tors number three through eight s*ft4 fe«f repre- 
sent "liabilities" for a county. Counties are 
ranked lowest to highest for each factor; the first 
two are added together and the second fcwe re- 
maining six are then subtracted from this figure. 
It is possible therefore for a county to receive a 
negative ranking; e.g., a minus 176. The lower 
(or poorer) counties receive higher percentages 
while higher (or wealthier) counties receive lower 
percentages. 

(c) Using the "four factor" "eight factor" 
scores, counties are ranked from 1 (lowest score) 
to 100 (highest score). There may be ties and 
since a county's rank indicates how many coun- 
ties have lower scores, tied counties receive the 
same ranking. Example: If two counties have 
scores of -58 and 18 counties have lower scores, 
these two counties are ranked tied for 19th. The 
next county would be ranked 21st (not 20th) 
since there are 20 counties with lower scores. 

(d) Determination as to how many counties 
will receive funds is based on difference between 
rankings. If 69 counties are chosen, each of these 
counties should be placed on the same ability to 
pay as the (N+ l)st (70th) county. Accordingly, 
the (N+ l)st county is assigned an adjusted point 
total of zero. (E.g., if N = 69, the 70th county 
was set at zero.) For counties 1,2 ..., N the ad- 
justed points total is obtained by subtracting the 
total points of the (N+ l)st county from each of 
the counties' total point score. Fxample: If the 
(N+ 1 )st county has a score of 39, then 39 points 
are subtracted from each of the N counties that 
will receive equalizing. 

(e) To determine the percentage that would 
ideally be paid to bring the N counties to the 
level of the (N+l)st, each county's adjusted 
point total is divided by the adjusted point total 
of county No. 1. 

(f) To obtain the amount that should be paid, 
multiply the county's percentage times its share 
of Public Assistance AFDC expenditures. 

(g) The ideal amounts are summed. The result 
gives the amount needed to place each of the 
counties on the same level as the (N+ l)st. 
Generally, this amount will exceed available 
funds. If A equals Ideal amount to be paid and 
FF equals equalizing funds available, then I I 
divided by A equals percentage of funds avail- 
able. Each ideal amount is multiplied by this 
fraction to obtain the amount that can actually 
be paid. 

Statutory Authority G.S. 10SA-92; I43B-153. 



607 



5:9 NOR TH CAROLINA REGIS TER 



August 



/, 1990 



PROPOSED RULES 



****************** 



lyotiee is hereby given in accordance with G.S. 
I SOB- 1 2 that the Division of Social Services in- 
tends to adopt rule(s) cited as 10 NCAC 42W 
.0006 and .0007. 

1 he proposed effective date of this action is De- 
cember I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on September 5. 1990 at Disability Determi- 
nation Bldg., 321 Chapanoke Rd.. Raleigh, NC. 



Cc 



omment Procedures: Interested pcrsotu may 
present their views and comments in writing before 
or at the hearing, or orally at the hearing. Time 
limits may be imposed as deemed necessary by the 
Commission Chairman. A fiscal note have been 
prepared. Any person may request information 
or copies of the proposed regulations by writing 
or calling Donna A. Creech, Special Assistant, 
Social Services, 325 N. Salisbury St., Raleigh, NC 
27603 (919) 733-3055. 



CHAPTER 42 



INDIVIDUAL AND FAMILY 
SUPPORT 



SUBCHAPTER 42W - STATE ABORTION FUND 

.0006 OPPORTUNITY TO VIEW FETAL 
MODEL 

Counseling required by Chapter 479, Section 93 
(5) of the 1985 Session laws shall include the 
opportunity, but not the requirement, for all 
persons determined eligible for services to per- 
sonally view fetal models showing the growth 
and development of the human embryo and 
fetus, said models to be obtained from regular 
medical supply houses or medical schools. 



Statuton' Authority G. S. 
1985 S.L., c. 479, "s. 93. 



14-45.1; I43B-I53; 



.0007 COUNTY DEPARTMENT OF SOCIAL 
SERVICES RESPONSIBILITIES 

(a) Eligibility for the State Abortion Fund will 
be determined by the county department of social 
services. 

(b) The county department of social services 
will provide abortion counseling to all clients 
determined eligible for State Abortion Funds. 

(c) The county department of social services 
will provide to all State Abortion Fund clients 
family planning counseling and, upon request, 
referral for family planning medical consultation 
and supplies. 



(d) The county department of social services 
will arrange for the delivery of abortion services 
with appropriate medical providers. 

(1) Physicians receiving payment for services 
through the State Abortion Fund must 
be licensed to practice medicine in North 
Carolina or if practicing in another state 
by the appropriate regulatory authority in 
that state. 

(2) Hospitals receiving State Abortion Funds 
for services rendered must be licensed in 
North Carolina by the Department of 
Human Resources or if located in another 
state, licensed or certified by the appro- 
priate regulatory authority in that state. 

(3) Abortion clinics and ambulatory surgical 
facilities receiving State Abortion funds 
for services rendered must be licensed or 
certified in North Carolina by the De- 
partment of Human Resources or if op- 
crating in another state, by the 
appropriate regulatory authority in that 
state. 

(e) County departments of social services will 
negotiate for services delivery and payment with 
appropriate providers: 

(1) Individual service authorization for clients 
will be routed on a designated form to 
participating medical providers by the 
county department of social services 
which will document the negotiated ser- 
vice payment. 

(2) Providers may not collect additional funds 
from the patient. 

Statutory Authority G.S. 14-45.1: 143B-I53: 1985 
S. L., c. 479, s. 93. 

TITLE 12 - DEPARTMENT OF JUSTICE 

iV otice is hereby given in accordance with G.S. 
150B-12 that the Sheriffs' Standards Dh'ision, 
Department of Justice intends to amend nde(s) 
cited as 12 NCAC 10B .0/03. .0207, .0304. .0307, 
Mill - .0403, .0408 - .0409. .0502 - .0503, .0505. 
.0601, .0603. .0605, .0705, .0908 - .0909, .1002 - 
.1003, .1006, .1105, .1203, .1206, .2102, .2104: 
repeal rule(s) cited as 12 NCAC 1 0B .0308; and 
adopt rule(s) cited as 12 NCAC 1 0B .0205 - 
.0206, .0208, .0407. 



1 he proposed effective 
January I, 1991. 



date of this action 



is 



I he public hearing will be conducted at 9:00 
a.m. on September 13, 1990 at the Holiday Inn, 
Waynesville, N.C. 



5:9 NORTH CAROLINA REGISTER August 1,1990 



60S 



PROPOSED RULES 



C^. omment Procedures: Any person interested in 
these rides may present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to 
Julia A. Lohman. The proposed rules are a\>ail- 
able for public inspection and copies may be ob- 
tained at the following address: Sheriffs' 
Standards Dh>., PO Box 629, 104 Fayetteville St. 
Mall. Raleigh NC 27602. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SUBCHAPTER I0B - NC SHERIFFS' 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 

SEC HON .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0103 DEFINITION 

In addition to the definitions set forth in G.S. 
17E-2, the following definitions apply through- 
out this Chapter, unless the context clearly re- 
quires otherwise: 
(8) "Misdemeanor" means those criminal of- 
fenses not classified by the North Carolina 
General Statutes, the United States Code, 
the common law, or the courts as felonies. 
Misdemeanor offenses are classified by the 
Commission as follows: 
(a) "Class A Misdemeanor" means an act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code 
of this state, or any other jurisdiction, ei- 
ther civil or military, for which maximum 
punishment allowable for the designated 
offense under the laws, statutes, or ordi- 
nances of North Carolina the junsdiction 
in which the offense occurred or its poli- 
tical subdivisions includes imprisonment 
for a term of not more than six months. 
Specifically excluded from this grouping 
of "class A misdemeanor" criminal of- 
fenses are motor vehicle or traffic offenses 
designated as misdemeanors under Chap- 
ter 20 (Motor Vehicles) of the General 
Statutes of North Carolina, similar laws 
ot other jurisdictions, or duly enacted or- 
dinances of an authorized governmental 
entity with the exception of the offense of 
impaired driving (G.S. 20-138.1) which is 
expressly included herein as a class A 
misdemeanor, if the defendant was sen- 
tenced under punishment level three [G.S. 



20-179(i)), level four |G.S. 20-179(j)], or 
level five |G.S. 20-179(k)]; 
(b) "Class B Misdemeanor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state, or any other ju- 
risdiction, either civil or military, for 
which the maximum punishment allow- 
able for the designated offense under the 
laws and statutes of North Carolina the 
jurisdiction in which the offense occurred 
includes imprisonment for a term of more 
than six months but not more than two 
years. Specifically excluded from this 
grouping of "class B misdemeanor" crim- 
inal offenses are motor vehicles or traffic 
offenses designated as being 

misdemeanors under Chapter 20 (Motor 
Vehicles) of the General Statutes of North 
Carolina or similar laws of other jurisdic- 
tions with the following exceptions. Class 
B misdemeanor does expressly include, 
either first or subsequent offenses of G.S. 
20- 138(a) or (b). G.S. 20-166 (duty to 
stop in event of accident). This definition 
further includes a violation of G.S. 
20-138.1 (impaired driving) if the defend- 
ant was sentenced under punishment level 
one [G.S. 20- 1 7Q(tr)] or punishment level 
two [G.S. 20- 179(h)] for the offense and 
shall also include a violation of G.S. 
'u-JS(l\i uirr. nig while license perma- 
nently revoked or suspended). 
(9) "Felony" means any offense designated a 
felony by the laws, statutes, or ordinances 
of the jurisdiction in which the offense oc- 
curred. 
(10) "Dual Certification" means that a justice 
officer holds probationary, general, or 
grandfather certification as both a deputy 
sheriff and a jailer with the same employing 
agency. 

Statutory Authority G.S. 17E-7. 

SECTION .0200 - RESPONSIBILITIES OF THE 
SHERIFFS' STANDARDS DIVISION 

.0205 SANCTIONS FOR VIOLATIONS BY 
AGENCIES OR SCHOOLS 

If the Commission finds that a violation has 
been committed by an agency or school, the 
Commission may: 

(1) issue an oral warning and request for com- 
pliance; 

(2) issue a written wanting and request for 
compliance; 

(3) issue an official written reprimand; 



609 



5:9 NORTH CAROLINA REGISTER August 1, 1990 



PROPOSED RULES 



(4) suspend and refuse to grant accreditation to 
any school or program or course of instruc- 
tion until proper corrective measures have 
been taken to bring the agency or school 
into compliance with these Rules and verifi- 
cation of such compliance has been made 
by the Commission; or 

(5) suspend and refuse to grant accreditation to 
any school or program or course of instruc- 
tion for a specific period of time not to ex- 
ceed one year. 

Statutory Authority G.S. 17E-4. 

.0206 SANCTIONS FOR VIOLATIONS BY 
INDIVIDUALS 

(a) When any person certified by the Com- 
mission is found to have knowingly and willfully 
violated any provision or requirement of these 
Rules, the Commission may take action to cor- 
rect the violation and to ensure that the violation 
does not re-occur, including: 

(1) issuing an oral warning and request for 
compliance; 

(2) issuing a written warning and request for 
compliance; 

(3) issuing an official reprimand; 

(4) suspending the individual's certification for 
a specified period of time or until accept- 
able corrective action is taken by the in- 
dividual; 

(5) revoking or denying the individual's cer- 
tification. 

(b) A person who has had his certification 
suspended or revoked may not exercise the au- 
thority of a justice officer during the period of 
suspension or revocation. 

(c) A person who has been denied certification 
may not be employed or appointed as a justice 
officer or exercise the authority of a justice offi- 
cer. 

Statutory Authority G.S. 17E-4. 

Si%4 .0207 SUSPENSION: REVOCATION: 
OR DENIAL OF CERTIFICATION 

(a) The Commission shall revoke or deny the 
certification of a justice officer when the Com- 
mission finds that the officer has committed or 
been convicted of: 

(1) a felony unless pardoned by the Governor; 
or 

(2) a crime for which the authorized punish- 
ment could have been imprisonment for 
more than two years; or 

(3) an act or any series of acts which violates 
the laws of the State of North Carolina 
and which, in the opinion of the Sheriff, 



will affect his/her ability to act or carry 
out the office and duties of a justice offi- 
cer. 

(b) The Commission shall revoke, deny, or 
suspend the certification of a justice officer when 
the Commission finds that the applicant for cer- 
tification or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety within a time period 
specified by the Commission; 

(2) fails to meet any of the minimum em- 
ployment standards required bv 12 NCAC 
10B; 

(3) fails to satisfactorily complete the mini- 
mum in-service training requirements as 
presented in 12 NCAC 10B .2000 and 
.2100. 

f44 h*» refused te submit k» t4w» drug screen 
^ required m U NCAC 40ft .0301(6) eg 
,0 ' 106(h)( ' l), » which ease r . uch sanction 
shall be permanent ; 

f£4 hrts produced a- positive result h« iwy drug 
screen reported k» the Commission a* 
specified » 44 NCAC 44ft 44400, w4«* 
t4n» positive result is explained te t4n» 
Commission's satisfaction, such sanction 
shall be permanent; 

(4) £64 has knowingly made a material misrep- 

resentation of any information required 
for certification or accreditation; 

(5) 67} has knowingly and designedly by any 

means of false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoever, obtained or attempted to 
obtain credit, training or certification from 
the Commission. 

(c) The Commission may revoke, deny, or 
suspend the certification of a justice officer when 
the Commission finds that the applicant for cer- 
tification or certified justice officer: 

( 1 ) has knowingly made a material misrepre- 
sentation o[ am mloniiation required lor 
certification or accreditation; 

(2) has knowingly and designedly by any 
means of false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoever, obtained or attempted to 
obtain credit, training or certification from 
the Commission; 

(3) has aided another in obtaining or at- 



tempting to obtain credit, training, or cer- 
of deceit 
This Rule 



tification by means of deceit^ fraud or 



misrepresentation. 



shall 



apply to obtaining or attempting to obtain 
in-service firearms requalification as n> 
quired bv Sections .2000 and .2100. 



5:9 NORTH CAROLINA REGISTER August 1, 1990 



610 



PROPOSED RULES 



(d) fe+ The Commission may revoke, suspend 
or deny the certification of a justice officer when 
the Commission finds that the applicant for cer- 
tification or the certified officer has committed 
or been convicted of: 

(1) a crime or unlawful act defined in 12 
NCAC 10B ,0103(8)(b) as a Class B 
misdemeanor: or 

(2) four or more crimes or unlawful acts de- 
fined in 12 NCAC 10B .0103(8)(a) as a 
Class A misdemeanor, each of which oc- 
curred after the date of initial certification. 

Statutory Authority G.S. I7E-7. 

.0208 PERIOD OF SUSPENSION: 
REVOCATION: OR DENIAL 

When the Commission suspends, revokes, or 
denies the certification of a justice officer, the 
period of sanction shall be: 

( 1) permanent where the cause of sanction is: 

(a) commission or conviction of a felony: or 

(b) commission or conviction of a crime for 
which authorized punishment included 
imprisonment for more than two years; 
or 

(c) a positive result on a drug screen, or a re- 
fusal to submit to a drug testing both 
pursuant to 12 NCAC 10B .0301: or 

(d) the second revocation of an officer's cer- 
tification for either of the two causes re- 
quiring a five-year period of revocation. 

(2) not less than five years where the cause of 
sanction is: 

(a) commission or conviction of a crime other 
than those listed in Subparagraph (1) of 
this Rule: however, the Commission may 
either reduce or suspend the period of 
sanction under this Subparagraph or sub- 
stitute a period of probation in lieu of re- 
vocation following an administrative 
hearing; or 

(b) material misrepresentation of any infor- 
mation required for certification or ac- 
creditation: or 

(c) failure to make either of the notifications 
as required by 12 NCAC 10B .0301(7); 
or 

(d) removal from office under the provisions 
of G.S. 128-16. 

(3) for an indefinite period, but continuing so 
long as the stated deficiency, infraction, or 
impairment continues to exists, where the 
cause of sanction is: 

(a | failure to meet or satisfy relevant basic 

training requirements: or 
(b) failure to meet or maintain the minimum 

standards of employment; or 



(c) discharge from a criminal justice agency 
for impairment of physical or mental ca- 
pabilities; or 

(d) failure to meet or satisfy the in-service 
training requirements as prescribed m 12 
NCAC 10B .2100. 

Statutory Authority G.S. I7E-4; I7E-7. 

SECTION .0300 - MINIMUM STANDARDS FOR 
EMPLOYMENT AS A JUSTICE OFFICER 

.0304 MEDICAL EXAMINATION 

(a) Each applicant shall complete the Com- 
mission's Medical History Statement Form (F-l) 
and shall be examined by a physician or surgeon 
licensed in North Carolina to help determine 
his/her fitness in earning out the physical re- 
quirements of the position of deputy sheriff or 
jailer. The examining physician should read and 
sign the 1-2 A form attached to the Medical Ex- 
amination Report form ( E - 2 1 prior to beginning 
the examination. The examining physician shall 
record the results of the examination on the 
Medical Examination Report Eorm (F-2) and 
sign and date the form. The E-2 form shall be 
valid one year from the date the Medical Exam- 
ination was completed and signed by the physi- 
cian. The physical examination shall be 
conducted and the Medical Examination Report 
Form (F-2) and the Medical History Statement 
Eorm (F-l) shall be completed pnor to which- 
ever of the following occurs first: 

( 1 ) the applicant's beginning the Jailer Certif- 
ication Course and or the Basic Law 
Enforcement Training Course; or 

(2) the applicant's applying to the Commis- 
sion for certification. 

Statutory Authority G.S. I7E-7. 

.0307 CRIMINAL HISTORY RECORD 

Ever}' justice officer employed in North 
Carolina shall not have committed or been con- 
victed bv a local, state, federal or military court 
of: 

( 1 ) a felony, unless pardoned by the Governor: 
or 

(2) a crime for which the punishment could 
have been imprisonment for more than two 
years; or 

(3) an act. or any series of acts which violate 
the laws of the State of North Carolina and 
which, in the opinion of the sheriff, will af- 
fect his her ability to act or earn- out the 
office and duties of a justice officer; or 

(4) a crime or unlawful act defined as a 'Class 
B_ Misdemeanor" within the five year period 



611 



5:9 \ORTH CAROLINA REGISTER August 1, 1990 



PROPOSED RULES 



prior to the date of application for employ- 
ment; or 

(5) tour or more crimes or unlawful acts de- 
fined as "Class B Misdemeanors" regardless 
of t_he date of conviction; or 

(6) four or more crimes or unlawful acts de- 
fined as "Class A Misdemeanors" except the 
applicant may be employed if the last con- 
viction occurred more than two years prior 
to the date of application for employment. 

Statutory Authority G.S. 17E-7. 

.0308 MISREPRESENTATION (REPEALED) 

Statutory Authority G.S. 17E-7. 

SECTION .0400 - CERTIFICATION OF JUSTICE 
OFFICERS 

.0401 CERTIFICATION OF SHERIFFS' 
DEPARTMENT PERSONNEL 

Every person employed or appointed as a jus- 
tice officer by a sheriff's department, except those 
certified pursuant to Rule .0407, shall meet the 
certification requirements of this Section .0400. 
Justice officers meeting the requirements as 
specified in this Chapter may be certified as either 
a deputy sheriff, a jailer, or both. 

Statutory Authority G.S. I7E-4; 17E-7. 

.0402 PROBATIONARY CERTIFICATION 

All justice officers, except those transferred or 
reinstated pursuant to R«h> .0 > 105, Rule .0406 
shall serve a probationary certification period of 
one year. For certification as a deputy sheriff the 
probationary period begins on the date the officer 
took the Oath of Office. For certification as a 
jailer, the probationary period begins on the date 
the officer was appointed as a jailer. 

Statutory Authority G.S. 17E-4; I7E-7. 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a} For certification as a deputy sheriff, a Report 
of Appointment Deputy Sheriff (F-4) must be 
submitted to the Division. For certification as a 
jailer, a Report of .Appointment Jailer (F-4A) 
must be submitted to the Division. For certif- 
ication as both a deputy sheriff and a jailer, both 
forms (F-4 and F-4A) must be submitted to the 
Division. Report of Appointment forms must 
be submitted to the Division by the sheriff's de- 
partment no later than ten days after the deputy 
sheriff has taken the Oath of Office or the jailer 
has been appointed. The Division shall forward 



the justice officer's certification to the sheriff's 
department. 

fb4 4-he Division shall i ;.-. UL ' a probationary 
certification as a d e puty sheriff k» a person who 
has previously served as a» elected »f appointed 
sh e riff, tf the p e rson: 

I 1 I onnlut j Q tllQ I . i «i i »-n | I . i.ifi n it lnn Q . -\ , i « '«"»■ 
\ * J III ' I * I IV IT \\T T I TV V-^'IIIIITI-'.'H. '11 II I I I 1 1 1 1 V 1 1 1 U f LUI 

el c e asing te- serve as a» elected ef ap- 
pointod sheriff- *«4 

f4f meets all the probationary certification Re- 
quirements at the tim e (4 application; a«4 

($} has either: 

fA} previously obtained general c e rtification 
with e ith e r the North Carolina Sheriffs' 
Education a¥*& Training Standards Com 
mission »f the North Carolina Criminal 
Justice Education a«4 Training Standards . 
(commission an4 was s» c e rtified a«4 m 
good standing at the time *4 his election 
#f appointment as sheriff; ©f 

l I i \ wiEi l.i i .in ■ | «A it . i i- ■-» «1 .ll.i.'f.l.l , 1 r- .|»t>.-iint,l;l 

\ 1 J I TTTTTTT ,11 I I i>IC U" HIT "L I V T. \ VTJ TIT 111 * I 'T.7 II 1 COQ 

sheriff; d+4 successfully complete a 
commission accredited basic law enforce 
men! training cours e which was then ew- 
rently accr e dited by the (.'onimission at 
the time the officer completed the cours e ; 

f£f whil e probationally certified with either 
the North Carolina Sheriffs' Education 
ami Training Standards Commission &? 
the North Carolina Criminal Justice Edu 
cation atni Training Standards Gommis 
sion, 4i4 successfully complete a 
commission accredited basic law e nforc e 
ment training course which was then ew- 
r e ntly approved by the Commission 
(und e r which the officer was j 
c e rtified) at the tim e the offic e r i 
the course. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0407 CERTIFICATION OF FORMER 
SHERIFF 

(a) The Division shall issue a General Certif- 
ication to any person who has previously served 
as an elected or appointed sheriff, if the person: 

( 1 ) applies to the Commission within one year 
of ceasing to serve as an elected or ap- 
pointed sheriff; and 

(2) has served as an elected or appointed 
sheriff for a minimum of eight years; and 

(3) left the otfice of sheriff in good standing. 

(b) In order for an officer to be certified under 
this Rule .0407, there must be: 

(1) compliance with the Report of .Appoint- 
ment form requirement of Rule .0403; 



5: 9 NOR TH CAROLINA REGIS TER 



August 



I, 1990 



612 



PROPOSED RULES 



(2) submitted to the Division, a copy of the 
Oath of Office for applicants requesting 
certification as a deputy sheriff: and 

(3) submitted to the Division verification that 
the applicant meets the requirement of 
thus Rule .0407(a)(2). 

Statutory Authority G.S. 17E-4; I7E-7. 

S4W- .0408 VERIFICATION OF RECORDS 
TO DIVISION 

(a) Prior to the initial certification of each jus- 
tice officer, for the purpose of verifying compli- 
ance with these Rules, the employing agency 
shall submit to the Division, along with the Re- 
port of Appointment (F-4) and or (F-4A), copies 
of the following documents: 

( 1 ) tfee applicant V . high school Jipk ma e* 
equivalent ((ill)): verification of the ap- 
plicant's compliance with the educational 
requirement pursuant to Rule .0302(a); 

(2) certified copy of the applicant s Oath of 
Office, if applying for certification as a 
deputy sheriff; 

(3) the applicant s Medical History Statement 
(F-l); 

(4) the applicant's Medical Examination Re- 
port (F-2 and F-2A); 

(5) the applicant's Personal History Statement 
(F-3); aft4 

(6) a summary of the applicant's background 
investigation; and 

I 7) documentation of a negative result on a 
drug screen pursuant to Rule .' i3'> I( <S). 

(b) Compliance with this Rule .040S(a) is 
waived for officers applying for dual certification 

as defined in Rule .I)ln3i 1<0 prcnided that: 

(' 1 1 the officer holds a valid certification as ei- 
ther a deputy sheriff or jailer with the 
employing agency requesting dual certif- 
ication; and 
(2) the officer has not had a break in service 
since initial certification with the emploN 
ing agencv requesting dual certification. 

Statutory- Authority G.S. 17E-4; I7E-7. 

S4m .0409 EMPLOYING AGENCV 

RETENTION OF CERTIFICATION 

RECORDS 

'a i Each employing agency shall place in the 
appropriate justice officer's personnel file the of- 
ficial notification of either probationary or gen- 
eral certification. Such files shall be available for 
examination at any reasonable time by represen- 
tatives of the Commission for the purpose of 
verifying compliance with these Rules. Each 
personnel file shall also contain: 



( 1 1 a copy of the applicant's Report of Ap- 
pointment (F-4) and or (F-4A); 

(2) tlw applicant ' ■! k«b ■. chool diploma ef 
equivalent ((ill)): verification of the ap- 
plicant s compliance with the educational 
requirement pursuant to Rule ,03l)2(a): 

(3) a certified copy of the applicants Oath 
of Office, if applying for certification as a 
deputy sheriff; 

(4) the results of the applicant's fingerprint 
records check and the criminal history re- 
cords check; 

(5) the applicant's Medical History Statement 
(F-l); 

(6) the applicant's Medical Examination Re- 
port (F-2 and E-2A); 

(7) the applicant's Personal History State- 
ment (F-3); 

(S) a summary of the applicant's background 

investigation: 
(9) a copy of Ae Commio ' jion't; a 

commission-appro ved Firearms Requali- 
fication Record Form: 
( 1 ) documentation of negative results on 
drug screen pursuant to Rule ."3ul(ft|. 
(b) Compliance with this Rule .0409(a) is 
waived for officers applying for dual certification 
as defined in Rule .')ln3( Id) provided that: 

( 1 ) the officer holds a valid certification as 
either a deputy sheriff or jailer with the 
employing agency requesting dual certif- 
ication: and 
(2) the officer has not had a break in service 
since initial certification with the emplox 
ing agencv requesting dual certification. 

Statutory Authority G.S. I7E-4. 

SECTION .0500 - MINIMI M STANDARDS OF 
TRAINING FOR DEPl TY SHERIFFS 

.0502 BASIC LAW ENFORCEMENT 

TRAINING COl RSE FOR DEPUTIES 

(a) The Commission hereby adopts as its re- 
quired minimum Basic Law Enforcement Train- 
ing Course 422 444 hours of instruction to 
include the following identified topic areas and 
minimum instructional hours for each area: 
('J i Emergency Medical Servic e r . 24 hour *. 
First Responder 4d hours 

(24) Electrical and Hazardous Material 

Emergencies u hour" 

12 hours 
4-^444 hours 



TOTAI IIOERS 



Statutory Authority G.S. I E-4 a . 

.0503 TIME REQ/COMPI El ION/BASK I \YV 
ENFORCEMENT TRAINING COl RSE 



6B 



5:9 XORTH CAROLI.XA REGISTER August 1, 1990 



PROPOSED RULES 



(e^ Poroons certified mt a probationary basis 
pursuant te Rule .0'103(b) shall ha exempt from 

Statutory Authority G.S. I7E-4; I7E-7. 

.0505 EVALUATION FOR TRAINING WAIVER 

(a) The Division staff shall evaluate each dep- 
uty's training and experience to determine if 
equivalent training has been satisfactorily com- 
pleted as specified in Rule .0504(a). Applicants 
for certification with prior law enforcement ex- 
perience shall have been employed in a full time, 
sworn law enforcement position in order to be 
considered for training evaluation under this 
Rule. Applicant ;, fof certification with a combi 
nation ȣ full time tm4 part time experience shall 
bt» evaluated »«■ t+n» basis ef t4«* full time expen 
enoo only. The following rules shall be used by 
Division staff in evaluating a deputy's training 
and experience to determine eligibility for a 
waiver of training. 

(10) Persons transferring to a sheriff's depart- 
ment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice Edu- 
cation and Training Standards Commis- 
sion and who have previously completed 
a minimum 369-hour Basic Law Enforce- 
ment Training Course accredited by the 
North Carolina Criminal Justice Educa- 
tion and Training Standards Commission 
under guidelines administered beginning 
October 1, 19S4 and ending July T, 1989 
and who have been separated from a 
sworn law enforcement position for no 
more than one year or who have had no 
break in service shall be required to com- 
plete the following enumerated topics of 
a commission-accredited Basic Law 
Enforcement Training Course and suc- 
cessfully pass that portion of the State 
Comprehensive Examination which deals 
with those subjects within 12 months of 
the date of their Oath of Office as pre- 
scribed in 12 NCAC 10B .0503(a). 

(A) Civil Process 24 hours 

(B) Supplemental Custody 
Procedures 8 hours 
TOTAL HOI RS 32 hours 

(13) Persons transferring to a sheriff's depart- 
ment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice Edu- 
cation and Training Standards Commis- 
sion and who have previously completed 
a commission-accredited 410-hour Basic 
Law Enforcement Training Course ac- 



credited by the North Carolina Criminal 
Justice Education and Training Standards 
Commission under guidelines adminis- 
tered beginning July 1, 1989 and ending 
January 1^ 1991 and who have been sepa- 
rated from a sworn law enforcement po- 
sition for no more than one year or who 
have no break in service shall be required 
to complete the following enumerated 
topics of a commission-accredited Basic 
Law Enforcement I raining Course and 
successfully pass that portion of the State 
Comprehensive Examination which deals 
with those subjects within 12 months of 
the date of their Oath of Office as pre- 
scribed in 12 NCAC 10B .0503(a). 

(A) Civil Process 24 hours 

(B) Supplemental Custody 
Procedures 8 hours 
TOTAL HOURS 32 hours 

(14) Persons who have previously completed 
a minimum 410-hour Basic Law Enforce- 
ment Training Course accredited by the 
North Carolina Criminal Justice Educa- 
tion and Training Standards Commission 
under guidelines administered beginning 
July 1, 1989 and who have been separated 
from a sworn law enforcement position 
for over one year but no more than three 
years shall be required to complete the 
following portions of a commission- 
accredited Basic Law Enforcement Train- 
ing Course and successfully pass the State 
Comprehensive Examination within the 
12 months probationary' period as pre- 
scribed in 12 NCAC 10B .0503(a). 

(A) Laws of Arrest, Search 

and Seizure 16 hours 

(B) Elements of Criminal 

Law 24 hours 

(C) Juvenile Laws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and 

Procedures 4 hours 

( E) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 

(H) Supplemental Custody 

Procedures 8 hours 

(I) Eirearms Qualification (Handgun and 

Shotgun Courses) 

TOTAL HOURS 110 hours 

(15) Persons who have completed a minimum 
422-hour Basic 1 aw Enforcement Train- 
ing Course accredited by the North 
Carolina Sheriff's Education and Training 
Standards Commission under the guide- 



lines administered beginning January 1, 



5:9 NORTH CAROLINA REGISTER August 1,1990 



614 



PROPOSED RULES 



10S [ ) and ending January _K 19'H and who 
has e been separated from a sworn law 
enforcement position lor over one year 
but no more than three years shall be re- 
quired to complete the following portions 
ot a commission-accredited Basic I aw 
Enforcement Training Course and suc- 



(C) Juvenile I aws and 



cessfulK 
Examination 



I_ 



the State Comprehensive 
within the 12 month 

probationary period as prescribed in 12 

NCAC 1HB .(1503(a). 

(A) 1 aws of Arrest. Search 

and Seizure 16 hours 

(B) Elements of Criminal 



1 aw 

(C) Juvenile 1 aw s and 
Procedures 

( D) Controlled Substances 
(II) ABC I aws and 

Procedures 
( 1 •" ) Motor Vehicle I aws 
(G) Civil Process 



24 hours 



I H ) Supplemental Custody 

Procedures 
( 1 ) 1 ircarms Qualification 

Shotgun Courses) 

lOlAI IIOIRS 



8 hours 
6 hours 

4 hours 
20 hours 
24 hours 



Shov 



Handgun and 



110 hours 

( 16) Pi ' p . on ;. with part time experience w4+e- 
havo boon separated from * sworn law 
enforcement position fof more than «*e 
veaf ' ' . hall tx* required te complet e a 
aimmiii'iioii accredited Basic Law 

I' nforcement Training Course m tfs eft- 
tot^ ttft4 successfully pass the State 
Comprehensive Examination within (4w 
4-3 month probationary p e riod as pre- 
scribed m 4-3 NCAC 444ft , i 1 50.1(a). Per- 
sons who have previously completed a 
minimum 410-hour Basic I aw I- nforce- 
ment Training Course accredited by the 
North C arolina Cnminal Education and 
Training Standards Commission under 



guidelines administered beginning July _K 
1*JS L ) and ending January _E 1^1 and w ho 
have been separated from a sworn law 
enforcement position for over one year 
but no more than three years shall be re- 
quired to complete the following portions 
ot a commission-accredited Basic 1 aw 
Enforcement Training Course and suc- 
cessfully pass the State Comprehensive 
Examination within the 12 month 
probationary period as prescribed in J_2 
NCAC IOB .0503(a). 



( A ) 1 aw s of Arrest. Search 

and Seizure 
( B ) Elements oj. Cnminal 

1 aw 



16 hours 



24 hours 



roceuures 



S liours 


6 hours 


4 hours 


'i i hours 


>4 hours 


8 hours 



(D) Controlled Substances 

( E ) ABC 1 aws and Procedures 
(E) Motor Vehicle 1 aws 
(G) Civil Procc 
(II) Supplemental Custody 

Procedures 

(I) Eircarms Qualification ( I Iandgun and 
Shotgun Courses) 

TOTAI HOI RS 110 hours 

(17) Persons who have completed a minimum 
444-hour Basic I aw Enforcement Train- 
ing Course accredited bv the North 
Carolina Sheriffs' Education and draining 



Standards Commission under the guide- 
lines administered beginning January _E 
1 9 C > 1 and who have been separated from 
a sworn law enforcement position for over 
one year but no more than three years 
shall be required to complete the follow- 
ing portions of a commission-accredited 
Basic I aw Enforcement Training Course 
and successfully pass the State Compre- 



hensive Examination within the 12 month 
probationary period as prescribed in 12 
NCAC IOB 0503(a). 

( A ) 1 aws of Arrest, Search 

and Seizure 16 hours 

(B) Elements of Cnminal 
I aw 

(C) Juvenile Eaws and 
Procedures 

(D) Controlled Substances 

(E) ABC 1 aws and 
Procedures 

(E) Motor Vehicle 1 aws 

(G) Civil Process 

(11) Supplemental Custody 

Procedures 
(I) Eirearms Qualification ( Handgun and 

Shotgun Courses) 

TOTAI IIOIRS 110 hours 

X) Persons who have previously completed 

a minimum 432-hour Basic I aw Enforce- 



24 hours 


S hours 


6 hours 


4 hours 


20 hours 


24 hours 


X hours 



ment Training Course accredited bv the 
North Carolina Cnminal Education and 
Training Standards Commission under 



guidelines administered beginning January 



_K 1 Wl and w ho have been separated 
from a sworn law enforcement position 
for over one year but no more than three 
ears shall be required to complete the 
following portions of a commission- 
accredited Basic 1 aw Enforcement I'rain- 
ine Course and successfully, pass the State 



Comprehensive Examination within the 



615 



5: 9 \()R TH CAROLINA REGIS TER 



August /, 1990 



PROPOSED RULES 



12 month probationary period as pre- 
scribed in 12 NCAC JOB .0503(a). 

(A) I ,aws of Arrest, Search 

and Seizure 16 hours 

(13) Elements of Criminal 

I aw 24 hours 

(C) Juvenile 1 aws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and 

Procedures 4 hours 

(E) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 

(H) Supplemental Custody 

Procedures 8 hours 

(I) Eirearms Qualification ( 1 [andgun and 
Shotgun Courses) 

IOIA1 MOI KS 110 hours 

( 19) Persons transferring to a sheriff's depart- 
ment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice Edu- 
cation and Training Standards Commis- 



sion and who have previously completed 
a commission -accredited 432-hour Basic 
Law Enforcement Training Course ac- 
credited by the North Carolina Criminal 
Justice Education and '['raining Standards 
Commission under guidelines adminis- 
tered beginning January J^ 1 W 1 and who 
have been separated from a sworn law 
enforcement position for no more than 
one year or who have no break in service 
shall be required to complete the follow- 
ing enumerated topics of a commission- 
■ iii ledilcd Bask 1 ,nv I iiforcement 
Training Course and successfully pass that 
portion of the State Comprehensive Ex- 
amination which deals with these subjects 
within 1 2 months of the date of their Oath 
of Office as prescribed in \2 NCAC MB 
.0503(a). ' 

24 hours 



(A) Civil Process 

(B) Supplemental Custody 
TOTAL IIOERS 



8hc 

32 he 



(20) f4-H Persons who have completed training 
as a federal law enforcement officer and 
are appointed as a sworn law enforcement 
officer in North Carolina shall be required 
to complete a commission-accredited 
Basic Eaw Enforcement Training Course 
in its entirety regardless of previous federal 
training and experience and successfully 
pass the State Comprehensive Examina- 
tion within the 12 month probationary 
period as prescribed in 12 NCAC 10B 
.0503(a). 



(21 ) f44} Persons out of the law enforcement 
profession for over three years regardless 
of prior training or experience shall com- 
plete a commission-accredited Basic l^w 
Enforcement Training Course in its en- 
tirety and successfully pass the State 
Comprehensive Examination within the 
12 month probationary period as pre- 
scribed in 12 NCAC 10B .0503(a). 

(22) (4#> Wildlife Enforcement Officers who 
completed the Basic I.aw Enforcement 
Training prior to September 30, 1985 and 
are sworn as justice officers shall be sub- 
ject to the evaluation rules as stated in 
Rule .0505 Paragraphs (a)(1) and (a)(4) 
through (44}t (11). 

(23) f+Jtt> Wildlife Enforcement Officers who 
separate from employment with the 
Wildlife Enforcement Division and have 
less than one year break in service, who 
transfer to a Sheriff's Department in a 
sworn capacity, and who completed their 
Basic Training after September 30, 1985 
shall complete the following blocs of in- 
struction and pass the state exam in its 
entirety: 

(A) Crime Prevention 

Techniques 4 hours 

(B) Mechanics of Arrest: 

Custody Procedure 2 hours 

(C) Mechanics of Arrest: 

Processing Arrestee 4 hours 

(D) Special Populations 10 hours 

(E) Techniques of Traffic 

I aw Enforcement 6 hours 

(F) Dealing with Victims 

and the Public 8 hours 

(G) Civil Process 24 hours 
(II) Supplemental Custody 

Procedures 8 hours 

TOTAL HOURS 66 hours 

(24) f^tt} Wildlife Enforcement Officers who 
completed Basic Eaw Enforcement 
Training on or after September 30, 1985 
and have been out of a sworn position 
over one year but no more than three 
years, and are sworn as a justice officer 
must complete the following blocs of in- 
structions and pass the state exam in its 
entirety during their probationary' period. 

(A) Laws of Arrest Search 

and Seizure 1 6 hours 

(13) Elements of Criminal 

Law 24 hours 

(C) Juvenile Laws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and 



5:9 NORTH CAROLINA REGISTER August I, 1990 



616 



PROPOSED RULES 



Procedures 4 hours 

(I) Motor Vehicle Laws 20 hours 
(G) Crime Prevention 

Techniques 4 hours 

(II) Mechanics of Arrest: 

Custody Procedures 2 hours 

(I) Mechanics of Arrest: 

Processing Arrestees 4 hours 

(J) Special Populations IS hours 

(K) Techniques of Traffic 

Law Enforcement 6 hours 

( I ) Dealing with Victims 

and the Public 8 hours 

( M ) Civil Process 24 hours 

(N) Supplemental Custody 

Procedures 8 hours 

TOTAL HOURS 146 hours 

Statutory Authority G.S. I7E-4; 17E-7. 

SECTION .0600 - MINIMUM STANDARDS OF 
TRAINING FOR JAILERS 

.0601 JAILER CERTIFICATION COURSE 

(b) Lach Jailer Certification Course shall in- 
clude the following identified topic areas and ap- 
proximate minimum instructional hours for each 
area: 

(26) Standard First Aid 8 hours 

TOTAL HOURS 120 hours 

Statutory Authority G.S. l7E-4(a). 

.0603 EVALUATION FOR TRAINING WAIVER 

(a) The following rules shall be used by divi- 
sion staff in evaluating a jailer's training and ex- 
perience to determine eligibility for a waiver of 
training: 

( 1 ) Persons who have separated from a jailer 
position during the probationary period 
after having completed a commission- 
accredited jailer trainmg course and who 
have been separated from a jailer position 
for more than one year shall complete a 
subsequent commission-accredited jailer 
training course in its entirety and success- 
fully pass the State Comprehensive Ex- 
amination within the 12 month 
probationary period as described in 12 
NCAC 1 0B .0602(a). 

(2) Persons who separated from a jailer posi- 
tion during their probationary period after 
having completed a commission- 
accredited jailer training course and who 
have been separated from a jailer position 
for one year or less shall serve the re- 
mainder o[ the initial prohationan period 
in accordance with G.S. I7E-7(b), ft »ew 



44 month probationary period, but need 
not complete an additional jailor training 
course, program. 

(3) Persons holding General Jailer Certif- 
ication who have completed a 
commission-accredited jailer training 
course and who have separated from a 
jailer position for more than one year shall 
complete a subsequent commission- 
accredited jailer training course in its en- 
tirety and successfully pass the State 
Comprehensive examination within the 
12 month probationary period as pre- 
scribed in 12 NCAC 10B .0602(a). 

(-4+ Peyseas holding General Jailor Cortif 
icalion who have completed » 
commi^ ' ion accredited jailer training 
cours e ft«4 >■ ■ ho have been i . opumtod from 

cr it. 1 Ml? 1 ( H' '11 It MI It * 1 rrTrrr TT?rtr l T f rtrr'TT 1 1 1 1 ii 1 * 

sefve » n*w 4-2- month probationary pe- 
riod, btri- need fte+ complete aft additional 
jailer training course. 

(4) (-5^ Persons holding Grandfather Jailer 
Certification who separate from a jailer 
position and remain separated from a 
jailer position for more than one year shall 
be required to complete a commission- 
accredited jailer training program in its 
entirety and successfully pass the State 
Comprehensive Lxamination within the 
12 month probationary period as pre- 
scribed in 12 NCAC 10B .0602(a). 

(5) fAf Persons transferring to a sheriff's de- 

partment from another law enforcement 
agency who hold a jailer certification is- 
sued by the North Carolina Criminal 
Justice Lducation and Training Standards 
Commission shall be subject to evaluation 
of their prior training and experience on 
an individual basis. The Division staff 
shall determine the amount of training re- 
quired of these applicants. 

Statutory Authority G.S. 17E-4; 17E-7. 

.0605 COMPLETION OF JAILER 

CERTIFICATION TRAINING COURSE 

fa) bach delivery of an accredited "Jailer 
Training" course is considered to be a unit. Lach 
trainee shall attend and satisfactorily complete a 
full course during a scheduled delivery. The Di- 
rector may issue prior written authorization for 
a specified trainee's limited enrollment in a sub- 
sequent delivery of the same course where the 
trainee provides evidence that: 

( 1 1 The trainee attended and satisfactorily 
completed specified class hours and topics 
of the "Jailer Training' course but 



6!~ 



5:9 NORTH CAROLINA REGISTER 



August /, 1990 



PROPOSED RULES 



through extended absence occasioned by 
illness, accident, emergency, or other good 
cause was absent for more than ten per- 
cent of the total class hours of the course 
offering; or 

(2) The trainee was granted excused absences 
by the school director that did not exceed 
ten percent of the total class hours for the 
course offering and the school director 
could not schedule appropriate make-up 
work during the current course offering as 
specified in 12 NCAC 10B .0604(c) due 
to valid reasons; or 

(3) The trainee participated in an offering of 
the "Jailer Certification Course" hut had 
an identified deficiency in essential know- 



ledge or skill in either one, two or three, 



but no more than three, of the specified 
topic areas incorporated in the course 
content as prescribed under 12 NCAC 
10B .0601(b). 
(c) An authorization of limited enrollment in 
a subsequent course delivery permits the trainee 
to attend an offering of the "Jailer Training" 
course commencing within 120 calendar days 
from the last date of trainee participation in prior 
course delivery, but only if the trainee's enroll- 
ment with active course participation can be ac- 
complished within the period of the trainee's 
probationary certification: 

(1) The trainee need only attend and satisfac- 
torily complete those portions of the 
course which were missed or identified by 
the school director as areas of trainee de- 
ficiency in the proper course participation. 

(2) following proper enrollment in the sub- 
sequent course offering, scheduled class 
attendance and active participation with 
satisfactory achievement in the course, the 
trainee would be eligible for adminis- 
tration of the State Comprehensive Ex- 
amination by the Commission and 
possible certification of successful course 
completion. 



Statutory Authority G.S. I7E-4; 17 E- 



7. 



SECTION .0700 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER SCHOOLS AND TRAINING 
PROGRAMS OR COURSES OK INSTRUCTION 

.0705 CERTIFICATION: SCHOOL DIRECTORS 

(b) To qualify for certification as school direc- 
tor of the Jailer Training Course: 

(1) Submit a written request for the issuance 
of such certification executed by the exec- 
utive officer of the institution or agency 
currently accredited, or which may be 



seeking accreditation, by the Commission 
to make presentation of accredited train- 
ing programs and for whom the applicant 
will be the designated school director. 

(2) Be currently certified as a criminal justice 
instructor by the North Carolina Criminal 
Justice Education and Training Standards 
Commission; and 

(-i) Document succ e ssful participation i» a 
special program presented by the North 
Carolina Justice * Academy fe* purposes »f 
familiarizatiem »«4 supplementation role) 
vant te- delivery ef tb<* Jailer [raining 
Course. 

(3) (-H Attend or must have attended the most 

current offering of the school director's 
conference as presented by the Commis- 
sion staff and staff of the North Carolina 
Criminal Justice Education and Training 
Standards Commission and Standards 
Division. 

Statutory Authority G.S. 17E-4. 

SECTION .0900 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER INSTRUCTORS 

.0908 LIMITED LECTURER CERTIFICATION 

(b) To be eligible for a Limited Lecturer Cer- 
tificate for topic areas set forth in Rule .0908(a), 
the applicant must meet the qualifications as fol- 
lows: 

(1) Standard First Aid: Certified Standard 
First A+4 Instructor with A** American 
R-e4 Cross; a licensed physician, family 
Nurse Practitioner, licensed Practical 
Nurse (I PN), Registered Nurse (RN), 
Physician's Assistant, or T \1 I ; 

(2) Unarmed Self Defense; successful com- 
pletion of N.C. Department of Cor- 
rections Specialized Instructor Training - 
Unarmed Self-Defcnsc; certified by N.C. 
Criminal Justice Education and Training 
Standards Commission as specific Cor- 
rections Unarmed Self Defense Instructor; 

(3) Handling Eire Emergencies: Chemistry 
and Evacuation; Certified Tire Instructor; 

(4) Handling Tire Emergencies: Classification 
and Extinguishing; Certified Tire Instruc- 
tor; 

(5) Medical Care in a Jail: A Licensed Phy- 
sician, Family Nurse Practitioner, LPN, 
RN, or EM T, or Physician's Assistant; 

(6) Psychological Disorders: Psychotic and 
Neurotic Personality: A licensed Psychia- 
trist, Psychologist, RN, or person holding 
a degree in counseling, psychiatric nurs- 
ing, or psychiatric social work; 



5:9 NORTH CAROLINA REGISTER August 1,1990 



6hS 



PROPOSED RULES 



(7) Communicable Diseases: a licensed Phy- 
sician, Family Nurse Practitioner, li- 
censed Practical Nurse (LPN). Registered 
Nurse (RN), Physician's Assistant, or 
EMT; 

(8) Transportation of Inmates: A certified 
instructor with the North Carolina Crim- 
inal Justice Fducation and Training 
Standards Commission with a minimum 
of two years of related or relevant experi- 
ence; 

(9) Stress: A certified instructor with the 
North Carolina Criminal Justice Educa- 
tion and Training Standards Commission 
with a minimum of two years of related 
or relevant experience; 

(10) Written Communication: A certified in- 
structor with the North Carolina Criminal 
Justice Education and Training Standards 
Commission with a minimum of two 
years of related or relevant experience; or 
a person with a four year degree with a 
major in English. 

Statutory- Authority G.S. 17E-4. 

.0909 TERMS AND CONDITIONS OF A 

LIMITED LECTURER CERTIFICATION 

(h) The probationary instructor will be eligible 
for full Limited Lecturer status at the end of the 
probationary period if the instructor, through 
application, submits to the Commission: 

(1) a favorable recommendation from a school 
director accompanied by certification on 
a commission-approved Instructor Evalu- 
ation Form that the instructor taught at 
least four hours (three hours each for 
topics of Stress. aft4 Written Communi- 
cation and Communicable Diseases) in 
each of the topics for which Limited Lec- 
turer Certification, Probationary Status 
was granted. Such instruction must have 
occurred in a commission-accredited jailer 
training course during the probationary 
period. The results of the student evalu- 
ation must be considered by the school 
director when determining the recom- 
mendation: or 

(2) a favorable written evaluation by a com- 
mission or staff member, based on an on- 
site classroom evaluation of the 
probationary instructor in a commission- 
accredited jailer training course. Such 
evaluation must be certified on a 
commission-approved Instructor Evalu- 
ation Form completed for each of the 
topics where the probationary instructor 
taught a minimum of four hours (three 



hours each for topics of Stress and Writ- 
ten Communications) and for which 
limited Lecturer Certification was 
granted. 

Statutory Authority G.S. I7E-4. 

SECTION .1000 - PROFESSIONAL 

CERTIFICATE PROGRAM FOR SHERIFFS AND 

DEPLTY SHERIFFS 

.1002 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of 
the professional awards, a sheriff or deputy sheriff 
shall first meet the following preliminary quali- 
fications: 

(4) Employees of a North Carolina Sheriff's 
Department who have successfully com 
pleted a commission accredited Basic I aw 
Enforcement Training Course ftft4 have 
previously held general or grandfather law 
enforcement officer certification but are 
presently, by virtue of promotion or 
transfer, serving in non-sworn positions 
not subject to certification are eligible to 
participate in the Professional Certificate 
Program. Eligibility for this exception 
requires continuous employment with the 
sheriff's department from the date of pro- 
motion or transfer from a sworn, certified 
position to the date of application for a 
professional certificate. 

Statutory Authority G.S. 17E-4. 

.1003 BASIC LAW ENFORCEMENT 
CERTIFICATE 

In addition to the qualifications set forth in 
Rule .1002. an applicant for the Basic Law 
Enforcement Certificate shall: have Hft \**s tfta« 
<=►«*» y-eaf *4 seprice. ft«4 shall have completed aft 
accredited baste law enforcement training course 
&? the equivalent a* determin e d by tfte Com mis 

( 1 ) have no less than one vear of sen ice: and 

( 2) have successtullv completed a commission- 
accredited basic law entorcement training 
course: or 

(3) have completed a minimum of 160 hours 
of training in the field of law enforcement. 

Statutory Authority G.S. I7E-4. 

.1006 HOW TO APPLY 

(c) Documentation ef "full time. p*+4 employ 
mont" shall be provided by a certified letter from 
(-he Departm e nt s personnel payro l l division ve^- 
i tying such employment. Documentation of the 
applicant s length of service shall be provided by 



619 



5:9 \ORTH CAROLINA REGISTER August 1, 1990 



PROPOSED RULES 



certified copies of past Oaths of Office, by certi- 
fied letters of verification of employment from 
present and or former employees ( law enforce- 
ment agencies), or other verifying documents at- 
tached to the application. 

Statutory Authority G.S. 17E-4. 

SECTION .1 100 - JUSTICE OFFICERS' SERVICE 
AWARD PROGRAM 

.1105 HOW TO APPLY 

(b) Documentation of the applicant's length 
of service shall be provided by certified copies of 
past Oaths of Office, by certified letters of verifi- 
cation of full tim e employment from present 
and/or former employers (law enforcement 
agencies), or other verifying documents attached 
to the application. 

Statutory Authority G.S. I7E-4. 

SECTION .1200 - PROFESSIONAL 
CERTIFICATE PROGRAM FOR JAILERS 

.1203 BASIC JAILER PROFESSIONAL 
CERTIFICATE 

In addition to the qualifications set forth in 
Rule .1202, an applicant for the Basic Jailer 
Professional Certificate shall: have m» let* than 
tme ve«f t4 wrvice, ««4 ■■ hall have completed mi 
accredited Jailer Certification Cuurw ef t4** 
equivalent a* det e rmin e d by the Commiti ' . i ion. 

( 1 ) have no less than one year of service; and 

(2) have completed an accredited Jailer Certif- 
ication Course; or 

(3) have completed a minimum of SO hours of 
training in the field of jails or corrections. 



Statutory Authority G.S. I7E-4. 

.1206 HOW TO APPLY 

(c) Documentation of the applicant's length of 
service shall be provided by certified letters of 
verification cy\_ employment trom present and or 
former employers, or other verifying documents 
attached to the application. 

(d) (-ef The applicant shall submit the "Appli- 
cation: Professional Certificate, Service Award", 
(F-6) to his sheriff who shaLl attach his recom- 
mendation and forward the application to the 
Commission. Certificates will be issued to the 
sheriff for award to the applicant. 

Statutory Authority G.S. I7E-4. 

SECT ION .2100 - JUSTICE OFFICERS' 

FIREARMS IN-SERVICE TRAINING 

REQI Al II IC ATION PROGRAM 



.2102 INSTRUCTORS 

The following requirements and responsibilities 
are hereby established for instructors who con- 
duct the Justice Officers In-Service Firearms 
Training and Requalification Program: 
(3) The instructor shall document the success- 
ful or unsuccessful completion of training 
for each officer on the Coinmi '. hion's a 
commission-approved Firearms Requali- 
fication Record form and forward such 
form to each officer's department head. 

Statutory Authority G.S. I7E-4; I7E-7. 

.2104 IN-SERVICE FIREARMS 

REQUALIFICATION SPECIFICATIONS 

(a) All justice officers who are authorized by 
the sheriff to carry a handgun shall qualify a 
minimum of once each year with each handgun 
that the officer is authorized to carry 7 while on 
duty on a commission-approved day and night 
course as follows: 

( 1 ) Day course of fire i. luuild shall include at 
a minimum but not limited to 30 rounds 
using duty ammunition or duty-type am- 
munition with the same specifications as 
those found in the duty ammunition au- 
thorized by the Department for the spe- 
cific weapon; firing six rounds from three 
yards; 12 rounds from seven yards; six 
rounds from 15 yards; six rounds from 25 
yards. Firing should be timed firing (i.e., 
draw and fire two rounds in three sec- 
onds). Firing should be from a variety of 
positions. (Fxamplc: standing, kneeling, 
prone (using various cover positions).] 

(2) Night course of fire tihould shall include 
at a minimum but not limited to 30 
rounds firing si* round; , using duty am- 
munition or duty-type ammunition with 
the same specifications as those found in 
the duty ammunition authorized by the 
Department for the specific weapon; firing 
six rounds from three yards; six rounds 
from five yards; 12 rounds from seven 
yards; and six rounds from 15 yards. 
Firing should be timed firing (i.e., draw 
and fire two rounds in three seconds). 
Firing should be from a variety of posi- 
tions. [Example: standing, kneeling, 
prone (various cover positions).) Firing 
must occur under various light conditions 
to include total darkness; vehicle blue 
light; vehicle head light; and all available 
lights. 

(b) All justice officers who are issued, or oth- 
crwisc authorized bv the sheriff to carry Bf have 



>:9 NORTH CAROLINA REGISTER August 1,1990 



620 



PROPOSED RULES 



access te- a shotgun, rifle, or automatic weapon 
shall be required to qualify with each weapon 
respectively a minimum of once each year on a 
commission-approved course of fire as follows: 
( 1 ) Shotgun course of fire must shall include 
at a minimum but not limited to a mini 
mum ©f five rounds using duty ammuni- 
tion or duty-type ammunition with the 
same specifications as those found in the 
duty ammunition authorized by the De- 
partment for the specific weapon: firing 
two rounds from 15 yards; three rounds 
from 25 yards. 
Rifle course of fire must shall include at a 



(2) 



(3) 



minimum but not limited to firing five 
rounds from a minimum distance of 50 
yards. The ammunition used shall be »f 
duty ammunition; or duty-type ammuni- 
tion with the same specifications as those 
found in the duty ammunition authorized 
by the Department for the specific 
weapon, from ^4 yards. 
Automatic course of fire should shall in- 
clude at a minimum but not limited to 
firing 20 rounds at a maximum of 50 
yards. The ammunition used shall be 
dutv ammunition: or dutv-tvpe ammuni- 
r.'.'n •.'. ith the vime ^xvilk.itioriN as thov 
found in the duty ammunition authorized 
bv the Department for the specific 
weapon. 



Statutory Authority G.S. I7E-4; 17E-', 



McFadyen, P. O. Box 27687, Raleigh, NC 
27611-7687, telephone: (919) 733-0379. Written 
comments may be submitted to the above address 
30 days prior to the public hearing. Written and 
oral comments may also be presented at the public 
hearing. Xotice of an oral presentation must be 
given to the above address at least 3 days prior to 
the public hearing. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SL'BCH AFTER 18D - WATER TREATMENT 
FACILITY OPERATORS 

SECTION .0300 - APPLICATIONS AND FEES 

.0304 FEE SCHEDULE 

(b) The cost of a temporary certificate shall be 
fifteen dollars (SI 5.00) eighteen dollars ($18.00) 
for a new certificate. 

(d) The cost of the annual certification renewal 
shall be fifteen dollars (115.00). eighteen dollars 
(SIS. 00). Renewal fees shall be payable the first 
of each calendar year and shall be delinquent on 
the first day of February if not paid pnor to that 
date. Delinquent certifications shall be charged 
an additional fee of thirty dollars ($30.1)0) on the 
first dav of February of each year. 

Statutory Authority G.S. 90A-27. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Water Treatment Facility Oper- 
ators Board of Certification intends to amend 
rule(s) cited as ISA NCAC 18D .0304 fbj and 

id,. 

/x fiscal note has been issued and a copy is 
available from the agency. 

1 he proposed effective date of this action is De- 
cember 1, 1990. ' 

1 he public hearing will be conducted at 9:30 
a.m. on September II, 1990 at the Jane S. 
McKimmon Center. X. C. State University, 
Western Blvd., Raleigh, NC. 

Comment Procedures: Any person requiring 
information may contact: Mr. John C. 



ly otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Examiners of 
Plumbing and Healing Contractors intends to 
amend rule is) cited as 2/ NCAC 50 .0306, .0408 
and adopt rule(s) cited as 21 XCAC SO .1201 - 
.1214, and .1301 - .1305. 

1 he proposed effective date of this action is De- 
cember 1, 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on September 13, 1990 at the McKimmon 
Center, North Carolina State University, Western 
Boulevard at Gorman Street, Raleigh. X.C. 

O omment Procedures: Persons wishing to pres- 
ent oral data, views or argument on a proposed 
rule or tide change may file a notice with the 
Board at least 10 days prior to the public hearing 
at which the person wishes to speak. Comments 
should be limited to 10 minutes. The address of 
the Board is P.O. Box 110. Raleigh. X.C. 27602. 



621 



5:9 SORTH CAROLINA REGISTER August I, 1990 



PROPOSED RULES 



Written comments or arguments may be presented 
at any time before September 29, 1990. 

CHAPTER 50 - BOARD OF PLUMBING AND 
HEATING CONTRACTORS 

SECTION .0300 - EXAMINATIONS 

.0306 APPLICATIONS: ISSUANCE OF 
LICENSE 

(a) All applicants for regular examinations shall 
file an application in the office of the executive 
secretary' on or before the date set out on the 
examination application form, which date will 
be at least rW 60 days prior to the examination. 

(b) Applicants for the October 1090 examina- 
tion shall present evidence at the time of appli- 
cation on forms provided by the Board to 
establish six months full-time experience in the 
installation, maintenance, service or repair of 
plumbing or heating systems related to the cate- 
gory for which license is sought, whether or not 
license was required for the work performed. 
One year of experience will be required of appli- 
cant for the April 1991 examinations, 18 months 
experience for the October 1991 examination, 
and two years of experience for the April 1992 
examination and examinations conducted there- 
after. Up to one-half the experience may be in 
academic or technical training directly related to 
the field of endeavor for which examination is 
requested. The Board will pro rate part-time 
work of less than 40 hours per week or part-time 
academic work of less than 15 semester or quar- 
ter hours. 

(c) Applicants who obtain a license will receive 
a certificate issued by the Board, bearing the li- 
cense number assigned to the qualifying individ- 
ual. The license number shall not be assigned 
or transferred to am other individual, except 
that, to preserve the identity of firms, an individ- 
ual holding a license in good standing who de- 
sires to retire or surrender his license may, at the 
end of the year in which he desires to surrender 
his license, instruct the Board in writing to 
transfer his license number to a licensed individ- 



ual who is an officer, director, or lulltime em- 
ployee of the firm which was previously qualified 
tor license by the individual qualification of the 
retiring licensee, provided further the retiring 
licensee certifies to the Board that the licensee is 
not being compensated for transfer of the num- 
ber and the licensee will not thereafter be affil- 
iated with 



The individual 
shall retire his 



a licensed firm. 
receiving the renumbered license 
prior license to the Board. 

(4+ 44** lic e ns e number 4»W wM- h% assigned 
«+f transferred to- tmy other individual. 



Statutory Authority G.S. 87-/8; 87-21 (b). 
SECTION .0400 - GENERAL PROCEDl RES 

.0408 CHANGE OF TRADE NAME 

(a) The trade name under which a license is 
issued may be changed upon request to and ap- 
proval by the Board. If the Board approves the 
name change, the last license issued to the 
licensee must be returned to the executive secre- 
tary. 

(b) A license w+U- ho4- be issued &f renewed i» a 
Hit) ef similar name te any pr e e xisting license 
issued to- a corporation, partnership e* business 
with a trade nam e operating within a 440 mile 
radius e£ the applicant fof tht» nam e chang e . A 
license will be issued or renewed using any cor- 
porate name, partnership name, or trade name 
which is not identical to a name already in use 
according to the records of the Board. 



Statutory Authority G.S. 55B-5; 87-18; 87-26. 
SECTION .1200 - PETITIONS FOR RULES 

.1201 PETITION FOR RULEMAKING 
HEARINGS 

Any person wishing to submit a petition re- 
questing the adoption, amendment or repeal of 
a rule by the Board shall address a petition to: 
State Board of Examiners of Plumbing and 
Heating and Refrigeration Contractors, Box 110, 
Raleigh, North Carolina 27602. The petition 
should clearly bear the notation: 
RULEMAKING PETITION RE and then the 
subject area, for example, RE G.S. 87-2 l(a)( 1) 
RE ADMINISTRATIVE PROCEDURE ACT, 
RE AIR CONDITIONING SYSTEMS, or an 
indication of any other area over which the 
Board may have rulemaking authority. 



Statutory Authority 
1 SOB- 16. 



G.S. 87-18: 150B-U; 



.1202 CONTENTS OF PETITION 

The petition should include the following in- 
fo rmation: 

(1) an indication of the subject area to which 
the petition is directed; for example, "This 
is a petition to hold a rulemaking hearing to 
amend Rule .0000 pertaining to Adminis- 
trative Procedure Act filing requirements"; 

(2) cither a draft of a proposed rule or a sum- 
mary of its contents; 

(3) reasons for the proposal; 

(4) the effect on existing rules or orders; 

(5) any data supporting the proposal; 



5:9 NORTH CAROLINA REGISTER August 1,1990 



622 



PROPOSED RULES 



(6) effect of the proposed rule on existing 
practices in the area involved, including cost 
factors; 

(7) names of those most likely to be affected 
by the proposed rule, with addresses if rea- 
sonable known: 

(S) name(s) and address(es) of petitioner(s). 

Statutory Authority G.S. 87-/8; I50B-16. 

.1203 DISPOSITION OF PETITIONS 

(a) The Executive Secretary of the Board will 
determine whether the public interest will be 
served by granting the request. Prior to making 
this determination, the I'xecutive Secretary may 
request additional information from the 
pctitioner(s), he may contact interested persons 
or persons likely to be affected by the proposed 
rule and request comments; he may use any other 
appropriate method for obtaimng information on 
which to base a determination. The Executive 
Secretary will consider all of the contents of the 
petition submitted plus any other information 
obtained by the means described herein. 

(b) The Executive Secretary will make a re- 
commendation to the Board for the institution 
of rulemaking proceedings or for the denial of the 
petition, as the case may be. 

(c) Within 120 days of submission of the peti- 
tion, a final decision will be rendered by the 
Board. If the decision is to deny the petition the 
Board will notify the petitioner in writing, stating 
the reasons therefor. If the decision is to grant 
the petition, the Board, within 120 days of sub- 
mission, will initiate a rulemaking proceeding by 
issuing a rulemaking notice, as provided in these 
Rules. 

Statutory Authority G.S. 87-18; 150B-16. 

.1204 NOTICE OF RULEMAKING HEARINGS 

Upon a determination to hold a rulemaking 
proceeding, either in response to a petition or 
otherwise, the Board will give at least 30 days' 
notice to all interested persons of a public hearing 
on the proposed rule. 

Statutory Authority G.S. 87-18; 1S0B-12. 

.1205 NOTICE MAILING LIST 

Any person or agency desiring to be placed on 
the mailing list for the Board rulemaking notices 
shall tile such request in writing, furnishing his 
name and mailing address to the Board at Box 
110. Raleigh. North Carolina 27602. The re- 
quest shall state those subject areas within the 
authority of the Board for which notice is re- 
quested. The Board may require reasonable 



postage and stationer,' costs to be paid by per- 
sons receiving such notices. 

Statutory Authority G.S. 87-18; 15013-12. 

.1206 ADDITIONAL INFORMATION 

Persons desiring information in addition to that 
provided in an individual rulemaking notice shall 
contact the Board at Box 110, Raleigh, North 
Carolina 27602. Any written communication 
should clearly indicate the rulemaking proceeding 
which is the subject of the inquiry. 

Statutory Authority G.S. 87-18; 150B-I2. 

.1207 RF.Ql EST TO PARTICIPATE 

Any person desiring to present oral data, views, 
or arguments on the proposed rule must, at least 
1 days prior to the hearing, file a notice with the 
Board. Notice of desire to appear may be 
waived, or failure to give notice may be excused, 
by the presiding officer, in his discretion. Any 
person permitted to make an oral presentation is 
encouraged to submit a written copy of the 
presentation to the Executive Secretary prior to 
or at the hearing. 

Statutory Authority G.S. 87-18; 150B-12. 

.1208 CONTENTS OF REQUEST; GENERAL 
TIME LIMITATIONS 

A request to make an oral presentation should 
contain a clear reference to the proposed rule, a 
brief summary of the individual s views in respect 
thereto, and how long the individual desires to 
speak. Presentations shall be limited to 10 min- 
utes unless the Board prescribes some other time 
limit. 

Statutory Authority G.S. 87-18; 150B-I2. 

.1209 RECEIPT OF REQUEST; SPECIFIC 
TIME LIMITS 

I'pon receipt of notice of a person's desire to 
present his views orally, the Board will acknowl- 
edge receipt of the request and inform the person 
of the imposition of any limitations deemed nec- 
essary to the end of a full and effective public 
hearing on the proposed rule. 

Statutory Authority G.S. 87-18; I SOB- 1 2. 

.1210 WRITTEN SUBMISSIONS 

(a | Any person may tile a written submission 
containing data, comments or arguments, after 
publication of a rulemaking notice and up to the 
day of the hearing, unless a different period has 
been prescribed in the notice or granted upon 
request. These written comments shall be sent 



623 



5:9 M)RTH CAROLINA REGISTER August 1,1990 



PROPOSED RULES 



to the Board at Box 111), Raleigh, North 
Carolina 27602. The should clearly state the 
rulc(s) or proposed rule(s) the comments are ad- 
dressed to. 

(b) Upon receipt of written comments, ac- 
knowledgment will be made with an assurance 
that the comments therein will be considered 
fully by the Board. 

Statutory Authority G.S. 87-/8; 150B-12. 

.1211 PRESIDING OFFICER; POWERS AND 
DUTIES 

The presiding officer at the hearing shall have 
complete control of the proceedings, including: 
extensions of any time requirements, recognition 
of speakers, time allotments for presentations, the 
right to question speakers, direction of the dis- 
cussion, and management of the hearing. The 
presiding officer, at all times, will take care that 
each person participating in the hearing is given 
a fair opportunity to present views, data and 
comments. 

Statutory Authority G.S. 87-18: I SOB- 1 2. 

.1212 STATEMENT OF REASONS FOR 
DECISION 

(a) Any interested person desiring a concise 
statement of the principal reasons for and against 
the adoption of a rule by the Board and the fac- 
tors that led to overruling the considerations 
urged against its adoption, may submit a request 
to the Executive Secretary at the Board at Box 
110, Raleigh, North Carolina 27602. 

(b) For purposes of Paragraph (a) of this Rule, 
an "interested person" shall be any person(s) 
whose rights, duties or privileges might be af- 
fected by the adoption of the rule in question, 
or any group or organization of persons whose 
rights, duties or privileges might be affected by 
the rule. 

(c) The request must be made in writing and 
submitted prior to adoption of the rule or within 
30 days thereafter. 

Statutory Authority G.S. 87-18; 150B-I2(e). 

.1213 RECORD OF PROCEEDINGS 

A record of all rulemaking proceedings will be 
maintained in the office of the Board for as long 
as the rule is in effect, and for five years there- 
after. This record will contain: the original pe- 
tition, the notice, all written memoranda and 
information submitted, and a record or summary 
of oral presentations, if any. Record of 
rulemaking proceedings will be available for 
public inspection during the regular office hours. 



Statutory Authority G.S. 87-18; IS0B-I2. 

.1214 TEMPORARY RULES 

Temporary rules may be adopted under the cir- 
cumstances described in G.S. 150B-13. 

Statutory Authority G.S. 87-18; 1S0B-13. 

SECTION .1300 DECLARATORY RULINGS 

.1301 SUBJECTS OF DECLARATORY 
RULINGS 

Any person aggrieved by a statute administered 
or rule promulgated by the Board, may request 
a declaratory ruling as to either the manner in 
which a statute or rule applies to a given factual 
situation, if at all, or whether a particular agency 
rule is valid. 

Statutory Authority G.S. 87-/8; 1 SOB- 17. 

.1302 SI BMISSION OF REQUEST FOR 
Rl LING 

All requests for declaratory rulings shall be 
written and mailed to the Board at Box 110, 
Raleigh, North Carolina 27602. The container 
of the request should bear the notation: RE- 
QUEST FOR DECLARATORY RULING. 
The request must include the following informa- 
tion: 

(1) name and address of petitioner; 

(2) statute or rule to which petition relates; 

(3) concise statement of the manner in which 
petitioner is aggrieved by the rule or statute 
or its potential application to him; 

(4) a statement of whether an oral hearing is 
desired, and if so, the reason therefor. 

Statutory Authority G.S. 87-18; I SOB- 1 2. 

.1303 DISPOSITION OF REQUESTS 

(a) When the Board deems it appropriate to 
issue a declaratory ruling it shall issue such 
declaratory ruling within 60 days of receipt of the 
petition. 

(b) A declaratory' ruling proceeding may consist 
of written submissions, an oral hearing, or other 
procedure as may be appropriate in the circum- 
stances of the particular request. 

(c) Whenever the Board believes "for good 
cause" that the issuance of a declaratory ruling is 
undesirable, the Board may refuse to issue such 
ruling. When good cause is deemed to exist, the 
Board will notify the petitioner of its decision in 
writing, stating the reasons for the denial of the 
declaratory ruling. 



5:9 NORTH CAROLINA REGISTER August 1,1990 



624 



PROPOSED RULES 



I'd) For purposes of Paragraph (c) of this Rule, 
the Board will ordinarily refuse to issue a 
declarator, ruling: 

( 1 1 unless the petitioner shows that the cir- 
cumstances are so changed since the 
adoption of the rule that such a ruling 
would be warranted; 

(2) unless the petitioner shows that the Board 
did not give to the factors specified in the 
request for a declaratory' ruling a full con- 
sideration at the time the rule was issued; 

(3) where there has been a similar controlling 
factual determination in a contested case. 
or where the factual context being raised 
for a declaratory ruling was specifically 
considered upon the adoption of the rule 
or directive being questioned, as evidenced 
by the rulemaking record; 

(4) where the subject matter of the request is 
involved in pending litigation in any state 
or federal court in North Carolina. 

Statutory Authority G.S. 87-/8; 150B-17. 

.1304 RECORD OF DECISION 

A record of all declaratory rulemaking pro- 
ceedings will be maintained in the office of the 
Board for as long as the ruling is in effect and for 
five years thereafter. This record will contain: 
the petition, notice, all written submissions filed 
in the request, whether filed by the petitioner or 
any other person, and a record or summary of 
oral presentations, if any. Records of rulemaking 
proceedings will be available for public in- 
spection during the regular office hours of the 
Board. 

Statutory Authority G.S. 87-/8. 

.1305 DEFINITION 

lor purposes of Rule .1304 of this Section, a 
declaratory ruling shall be deemed to be "in 
effect": until the statute or rule interpreted by the 
declaratory ruling is amended, altered or repealed; 
until the Board changes the declaratory ruling 
prospectively; or until the court sets aside the 
ruling in litigation between the Board and the 
parts requesting the rule: or until any court of the 
.Appellate Division of the General Court of Jus- 
tice shall construe the statute or rule which is the 
subject of the declaratory ruling in a manner 
plainly irreconcilable with the declaratory ruling. 



x„ 



Statutory 
150B-I7. 



Authority G.S. 87-18; 150B-11 



******** 



********* 



otice is hereby given in accordance with G.S. 
J SOB- J 2 that the North Carolina Real Estate 
Commission intends to amend ruleisi cited as 21 
NCAC58C .0302, .0308; 58D .0102, .0201, .0302. 
.0401. .0403. .0405 - .0407, and .0409. 

1 he proposed effective date of this action is 
January 1. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on September 5. 1990 at the Office of the 
\orth Carolina Real Estate Commission. 1313 
Navaho Drive, Raleigh. North Carolina 2 7 609. 

C omment Procedures: Comments regarding the 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission. Post 
Office Box 17100, Raleigh. North Carolina 27619, 
so as to be received by the hearing date. 

CHAPTER 58 - REAL ESTATE COMMISSION 

SI BCHAPTER 5W - REAL ESTATE AM) 
APPRAISAL EDUCATION 

SECTION .0300 - PRE-LICENSING AND 
PRE-CERTIFICATION COl RSES 

.0302 PROGRAM STRUCT! RING 

(b) Except as provided in Paragraph fd) of this 
Rule, appraisal pro tieeasiftg (ro -' idiMitial ap- 
praiser) residential appraiser prc-liccnring pre- 
certification education programs must consist of 
the following three courses, each involving a 
minimum of 30 classroom hours: 

( 1 1 Introduction to Real Estate Appraisal; 

( 2 ) Valuation Principles and Procedures: and 

(3) Applied Residential Property Valuation. 
These courses must be completed sequentially in 
the order listed. 

(c) Fxccpt as provided in Paragraph (di of this 
Rule, appraisal pro certification ( general ap- 
prais e r) general appraiser pre-certification educa- 
tion programs must consist of the following three 
courses, each involving a minimum of 30 class- 
room hours, in addition to the three residential 
appraiser courses prescribed in Paragraph (b) of 
this Rule: 

(1) Introduction to Income Property Ap- 
praisal; 

(2) Advanced Income Capitalization Proce- 
dures: and 

(3) Applied Income Property Valuation. 
These courses must be completed sequentially in 
the order listed and completion ot the residential 
appraiser courses within the previous five years 



625 



5:9 NORTH CAROLINA REGISTER August 1. 1990 



PROPOSED RULES 



or possession of a current appraiser license must 
be a prerequisite for enrollment in the general 
appraiser courses. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33; 
93A-75(a). 

.0308 APPRAISAL INSTRUCTORS 

(a) Except as indicated in Paragraph (b) of this 
Rule, all appraisal pre-licensing and pre- 
certification courses must be taught by instruc- 
tors who possess good moral character and cither 
the minimum appraisal education and experience 
qualifications listed in this Rule or other quali- 
fications that arc found by the Commission to 
be equivalent to those listed. These qualification 
requirements must be met on a continuing basis. 
For a previously-approved instructor, experience 
in teaching appraisal courses may be substituted 
for any required appraisal experience when a 
school is seeking continued approval of the in- 
structor. The minimum qualifications are as 
follows: 

(1) Pro licencing (residential appraiser) Resi- 
dential appraiser courses: 90 classroom 
hours of real estate appraisal education 
and either two years' full-time experience 
as a residential real estate appraiser within 
the previous five years or three years' 
full-time experience as a general real estate 
appraiser within the previous five years, 
with at least one-half of such experience 
being in residential property appraising. 
After July 1, 1991, instructors must also 
be state-licensed real estate appraisers. 

(2) Pro certification (general apprainer) General 

appraiser courses: 180 classroom hours of 
real estate appraisal education and three 
years' full-time experience as a general real 
estate appraiser within the previous five 
years, with at least one-third of such ex- 
perience being in income property ap- 
praising. After July 1, 1991, instructors 
must also be state-certified real estate ap- 
praisers. 

Statutory Authority G.S. 93A-33; 93A-75(a). 

SUBCHAPTER 58D - REAL ESTATE 
APPRAISERS 

SECTION .0100 - APPLICATION FOR 
APPRAISER LICENSE OR CERTIFICATE 

.0102 FILING \N'D FEES 

(b) The following fees shall be charged: 

( 1 ) application for original residential ap- 
praiser license $100.00 



(2) application for original residential ap- 
praiser certificate SI 00.00 

(3) application for original general appraiser 
certificate $100.00 

Statutory Authority G.S. 93A-73(a),(b); 93A-77. 

SECTION .0200 - APPRAISER LICENSING AND 
CERTIFICATION 



.0201 QUALIFICATIONS FOR APPRAISER 
LICENSURE AND CERTIFICATION 

(a) Applicants for licensure as a state-licensed 
real estate appraiser and for certification as a 
state-certified real estate appraiser must satisfy 
the qualification requirements stated in G.S. 
93A-73. Licensure as a state-licensed real estate 
appraiser is not a prerequisite for certification as 
a state-certified residential or general real estate 
appraiser. 

Statutory Authority G.S. 93A-73; 93.4-77. 

SECTION .0300 - APPRAISER EXAMINATIONS 

.0302 SLBJECT MATTER 

(a) The examination for licensure as a state- 
licensed residential real estate appraiser and for 
certification as a state-certified residential real es- 
tate appraiser shall test applicants on the follow- 
ing general subject areas: 

( 1) basic real property law; 

(2) concepts of value; 

(3) forces affecting real estate values; 

(4) residential real estate financing; 

(5) residential construction and design; 

(6) the appraisal process; 

(7) valuation principles and procedures; 

(8) application of valuation principles and 
procedures to the valuation of various 
types of residential properties and to re- 
lated appraisal assignments; 

(9) standards of appraisal practice; 

(10) the North Carolina Real Estate Ap- 
praisers Act and related Commission 
rules; and 

(11) related subject areas. 

(b) In addition to the subject areas fisted in (a) 
of this Rule, the examination for certification as 
i state-certified general real estate appraiser shall 
test applicants on the following general subject 
areas: 

(1) income capitalization principles and pro- 
cedures; 

(2) application of valuation principles and 
procedures to the valuation of all types of 
income-producing and other properties 
and to related appraisal assignments; and 



5:9 NORTH CAROLINA REGISTER August I, 1990 



626 



PROPOSED RULES 



(3) related subject areas. 
Statutory Authority (7.5. 93A-73(c); 93A-77. 

SECTION .0400 - GENERAL APPRAISAL 
PRACTICE 

.0401 LSE OF TITLES 

(a) A state-licensed residential real estate ap- 
praiser shall utilize the term "state-licensed resi- 
dential real estate appraiser" and a state-certified 
residential real estate appraiser shall utilize the 
term "state-certified residential real estate ap- 
praiser" when performing appraisals of residential 
real estate, as defined in G.S. 93A-72, or any in- 
terest therein. A state-certified general real estate 
appraiser shall utilize either the term "state- 
certified general real estate appraiser" or "state- 
certified residential general real estate appraiser" 
when performing appraisals of all types of real 
estate or any interest therein. 

Statutory Authority G.S. 93A-77. 

.0403 ADVERTISING 

(a) When advertising or otherwise holding 
himself out as a real estate appraiser, a state- 
licensed residential real estate appraiser shall 
identify himself as a "state-licensed residential 
real estate appraiser", a state-certified residential 
real estate appraiser shall identify himself as a 
"state-certified residential real estate appraiser" 
and a state-certified general real estate appraiser 
shall identify himself as either a "state-certified 
general real estate appraiser" or a "state-certified 
residential general real estate appraiser". 

Statutory Authority G.S. 93A-71(d); 93A-77. 

.0405 CERTIFIED APPRAISALS 

(a) A state-certified residential real estate ap- 
praiser mav perform certified appraisals of resi- 
dential real estate and a state-certified general real 
estate appraiser may perform certified appraisals 
on all types of real estate and may identify such 
appraisals as being "certified". 



77. 



Statutory Authority G.S. 93A-7l(g); 93A- 

.0406 APPRAISAL REPORTS 

(a) Each written appraisal report prepared by 
or under the direction of a state-licensed or 
state-certified real estate appraiser shall bear the 
signature of the state-licensed or state-certified 
appraiser, the license or certificate number of the 
licensee or certificate holder in whose name the 
appraisal report is issued, and the designation 
"state-licensed residential real estate appraiser", 
"state-certified residential real estate appraiser". 



or the designation "state-certified general real es- 
tate appraiser" or "state-certified 
residential; general real estate appraiser", as ap- 
plicable. Each such appraisal report shall also 
indicate whether or not the state-licensed or 
state-certified appraiser has personally inspected 
the property, and shall identify any other person 
who assists in the appraisal process other than 
by providing clerical assistance. 

(b) Every state-licensed and state-certified real 
estate appraiser shall affix or stamp to all ap- 
praisal reports a seal of a design authorized by the 
Commission which shall set forth the name and 
license or certificate number of the appraiser in 
whose name the appraisal report is issued and 
shall identify the appraiser as a "state-licensed 
residential real estate appraiser" a "state-certified 
residential real estate appraiser", or as a "state- 
certified general real estate appraiser" or "state- 
certified residential general real estate appraiser", 
as applicable. 

Statutory Authority G.S. 93A-77. 

.0407 MANAGING APPRAISER 

(a) A "managing appraiser" shall be designated 
with the Commission for each appraisal firm and 
each combined real estate brokerage and ap- 
praisal firm for which real estate appraisals are 
performed by: 

(1) two or more state-licensed or state- 
certified real estate appraisers who are 
employed by or associated with the firm; 
or 

(2) unlicensed or uncertified assistants, other 
than clerical employees, who are em- 
ployed by or associated with the firm and 
who assist a state-licensed or state- 
certified real estate appraiser in the per- 
formance of real estate appraisals. 

If one or more state-certified general real estate 
appraisers is employed by or associated with the 
firm, the managing appraiser must be a state- 
certified general real estate appraiser, t hovu ' vor. 
If one or more state-certified residential real es- 
tate appraisers is emplo\ ed hv or associated with 
the firm, the managing appraiser must be a 
state-certified residential or general real estate 
appraiser. If only state-licensed real estate ap- 
praisers are employed by or associated with the 
firm, the managing appraiser may be a state- 
licensed real estate appraiser. 

(b) The designated managing appraiser shall 
be responsible for: 

( 1 ) the proper display of licenses and certif- 
icates of all state-licensed and state- 
certified real estate appraisers employed 
by or associated with the firm, and ascer- 



627 



5:9 NORTH CAROLINA REGISTER August I, 1990 



PROPOSED RULES 



taining whether each licensee or certificate 
holder employed by or associated with the 
firm has complied with Rule .0203 of this 
Subchapter; 

(2) the proper notification to the Commission 
of any change of business address or trade 
name of the firm and the registration of 
any assumed business name adopted by 
the firm for its use; 

(3) the proper conduct of advertising of ap- 
praisal services by or in the name of the 
firm; 

(4) the proper retention and maintenance of 
records relating to appraisals conducted 
by or on behalf of the firm; 

(5) the maintenance of a record for each of the 
firm's unlicensed and uncertified assistants 
that generally describes the nature and 
extent of assistance rendered in con- 
nection with each appraisal; and 

(6) the maintenance of a record for each of the 
firm's state-licensed and state-certified 
residential real estate appraisers that gen- 
erally describes the nature and extent of 
assistance rendered bv the state-licensed 
residential real estate appraiser when as- 
sisting a state-certified residential or gen- 
eral real estate appraiser and any 
assistance rendered bv the state-certified 
residential real estate appraiser when as- 
sisting a state-certified general real estate 
appraiser in performing an appraisal. 

No licensee or certificate holder shall be manag- 
ing appraiser of more than one appraisal firm or 
combined real estate brokerage and appraisal 
firm. 

Statutory Authority G.S. 93A-77. 



(2) 

i 

(3) 

(4) 



.0409 SUPERVISION OF LICENSED 
AND CERTIFIED RESIDENTIAL 
APPRAISERS 

(a) When a state-licensed residential real estate 
appraiser assists a state-certified residential or 
general real estate appraiser in the performance 
of a real estate appraisal and the resulting ap- 
praisal report is to be signed by the state-certified 
real estate appraiser, the state-certified real estate 
appraiser shall: 
(1) actively and personally supervise the state- 
licensed real estate appraiser; 

review the appraisal report and supporting 
data used in connection with the appraisal; 

indicate on the appraisal report whether or 
not he has personally inspected the property; 
and 

prepare and furnish to the managing ap- 
praiser, if applicable, and to each state- 
licensed real estate appraiser whose services 
were utilized in connection with the ap- 
praisal, a report on a form prescribed by the 
Commission describing the nature and ex- 
tent of assistance rendered by the state- 
licensed real estate appraiser in connection 
with the appraisal, and place a copy of such 
report in the supporting file for the ap- 
praisal. 
(h) When a state-certified residential real estate 
appraiser assists a state -certified general real es- 
tate appraiser in the performance of a real estate 
appraisal and the resulting appraisal report is to 
be signed by the state-certified general real estate 
appraiser, the state-certified general real estate 
appraiser shall perform those supervisors' acts set 
forth in Paragraph (a) of this Rule with regard to 
the activities of the state-cert itied residential real 
estate appraiser. 

Statutory Authority G.S. 93A-77. 



5:9 NORTH CAROLINA REGISTER August 1, 1990 



628 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. I43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
l43B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Savings Institutions Division 

4 NCAC 16 A .0302 - Response of Administrator to Petition 

Agency Revised Rule 
4 NCAC 16 A .0402 - Informal Settlement 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 

ISA NCAC 18 'A .1X14 - Disposal of Garbage and Trash: Premises 
ISA NCAC I8C .1528 - Point- of -Entry and Other Treatment Devices 

Environmental Management 

ISA NCAC 2T .0/02 - General Criteria 

Agency Revised Rule 
ISA NCAC 2F .0105 - Effective Contingent Upon Federal Funds Allocated 

Agency Revised Rule 

Health: Epidemiology 

ISA NCAC /OB .0202 - Granting Permits 

I5A NCAC I0D .0407 - Medical Eligibility 

ISA NCAC 10D .0408 - Medical Eligibility! Licensed Nursing Home Svcs 

Laboratory Services 

ISA NCAC 20 A .0002 - Definitions 

Wildlife Resources Commission 

ISA NCAC IOC .050/ - Scope and Purpose 

HUMAN RESOURCES 

Medical Assistance 

10 NCAC SOB .0311 - Reserve 

Youth Services 

10 NCAC 44 F .1305 - Corporal Punishment and Child Abuse 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 



ARRC Objection 51 17190 
Obj. Removed 6,' 21/00 
ARRC Objection 51 17/00 
Obj. Removed 6! 2 TOO 



ARRC Objection 6/21/90 
ARRC Objection 6/21/90 



ARRC Objection 5/17/90 
Obj. Removed 6/21 190 
ARRC Objection 5/ 17/00 
Obj. Removed 6/21/90 



ARRC Objection 6/21/90 
ARRC Objection 6/21/90 
ARRC Objection 6/21/90 



ARRC Objection 6/21/90 



ARRC Objection 6! 21 j90 



ARRC Objection 6:21/90 



ARRC Objection Si 17/90 
Obj. Removed 6/21/90 



629 



5:9 NORTH CAROLINA REGISTER August I, 1990 



ARRC OBJECTIONS 



Certification Board for Social Work 

21 NCAC 63 .0104 - Organization of the Board 

Agency Rei'ised Rule 
21 NCAC 63 .0301 - Written Examinations 

Agency Revised Rule 
21 NCAC 63 .0403 - Renewal Fees 

Agency Revised Rule 

PUBLIC EDUCATION 

Elementary and Secondary Education 
16 NCAC6D .0105 - Use of School Day 
SECRETARY OF STATE 



ARRC Objection 5/17190 
Obj. Removed 6/21/90 
ARRC Objection 5/17/90 
Obj. Removed 6/21/90 
ARRC Objection 5/17/90 
Obj. Removed 6/21/90 



ARRC Objection 6/21/90 



Corporations Division 



18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 



0101 
0102 
0205 
0206 
0302 
0303 
0305 
0306 
0307 
0308 
0311 
0312 
03/3 
03/4 
0316 
0401 
0402 
0501 
0502 
0503 
0504 



Location and Hours ARRC Object 

Administration and Functions ARRC Object 

Overpayment ARRC Object 

Documents Not Specifically Provided For ARRC Object 

Execution ARRC Object 

Rejection ARRC Object 

Corrective Filings-Nonprofit Corp/ Limited Partnerships ARRC Object 

Articles of Incorporation - Nonprofit Corporations ARRC Object 

Application For Reservation of Corporate Name ARRC Object 

Registered Office and Registered Agent ARRC Object 

Art of Merger/ Share Exch /G.S. 55-1 1-07/55A-42.1 ARRC Object 

Appl For Cert of Authority j Foreign Prof Corporation ARRC Object 

Filing Merger Involving Foreign Corporation ARRC Object 

Filing Evidence of Dissolution' Foreign Nonprofit Corp ARRC Object 

Form for Annual Report ARRC Object 

Documents ARRC Object 

Cert of Facts / Certificate of Exit/ Authorization ARRC Object 

General ARRC Object 

Words Prohibited in Addition to Statutory Prohibitions ARRC Object 

Deceptively Similar and Distinguishable Names ARRC Object 

Filing Fictitious/ Assumed Name/ Foreign Corporation ARRC Object 



on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6121/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6121/90 
on 6121/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 



Securities Division 



18 NCAC 6 .1210 - Securities Exchgs/ Auto Quotation Sys Approve/ Admin ARRC Objection 6/21/90 



5: 9 NOR TH CA ROLINA REGIS TER 



August 



1, 1990 



630 



RULES INVALIDA TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available) , and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10NCAC3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 



631 



5:9 NORTH CAROLINA REGISTER August /, 1990 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



ITLE 


DEPARTMENT 


LICENSING BOARDS CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


is 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


I learing Aid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery Joint Committee 


33 


16 


Public Education 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Fxamination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


4X 


26 


Administrative Hearings 


Plumbing and I leating Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Fand Surveyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:9 NORTH CAROLINA REGISTER August I, 1990 



632 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

I : R - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

State Property and Construction, 41 1 PR 

AGRICULTURE 

Plant Conservation Board, 1 PR 
Structural Pest Control Committee, 7 PR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR 

Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union, 317 PR 
Milk Commission, 24 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR. 292 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR 

Health Services, 190 PR, 565 PR 

Marine Fisheries, 63 PR, 4S4 PR 



633 5:9 NORTH CAROLINA REGISTER August I, 1990 



CUMULA TIVE INDEX 



Wastewater Treatment Plant Operators Certifieation Commission, 551 PR 

Water Treatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241, 286, 316, 605 

FINAL RULES 

Fist of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236. 313, 408, 474, 514, 604 

HUMAN RESOl RCES 

Facility Services, 516 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR 

Services for the Blind, 412 PR 

Social Services, 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR 

LNSLRANCE 

Actuarial Services Division, 480 PR 
Agent Services Division, 321 PR, 520 PR 
Financial Fvaluation Division, 342 PR, 525 PR 
Fire and Casualty Division, 335 PR, 478 PR 
Fife: Accident and Health, 264 PR, 287 PR, 529 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 
Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Cosmetic Art Fxaminers, Board of, 355 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Fxaminers, Board of, 207 PR 

Nursing, Board of, 300 PR, 496 PR 

Physical Therapy Fxaminers, Board of, 443 PR 

Plumbing and Heating Contractors, Fxaminers, 621 PR 

Real Estate Commission, 625 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR 

REVENUE 

Individual Income Tax, 359 FR 

License and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 FR, 453 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 
Securities Division, 293 PR, 495 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR 



5:9 NORTH CAROLINA REGISTER August I, 1990 634 



CUMULA THE INDEX 



STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 



TRANSPORTATION 

Motor Vehicles, Division of, 222 1 R 



635 5:9 NORTH CAROLINA REGISTER August 1,1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



Volume 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


Full Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

]() 

10 

Id 

10 

1(1 

10 
10 
10 
10 
10 
10 
10 
10 

10 

11 


1 - 37 
1 - 24 
25 - 52 
1 -4 
1 - 2 
3 - 20 
1 - 2 
3 - 4 
1 -4 
1 - 12 
1 - 9 
1 - 4 
1 - 2 
3A - 3K 
3L- 3R 

3S - 3U 

4- 6 
7 

8 - 9 
10 

11-14 
15- 17 
18 

19 - 30 
31 - 33 
34 - 41 
42 

43 - 51 
1 - 15 


AH titles 
Administration 
Agriculture 
Agriculture 
Auditor 

ECD (includes ABC) 
ECD 

Correction 
Correction 
Council of State 
Cultural Resources 
Elections 
Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4 




5 




6 




7 




x 




9 




10 




11 




12 




13 




14 




15 




16 




17 




IX 




1') 




211 




21 








23 




24 




25 




26 




27 




28 






Continued 



Total 
Volume Title Chapter Subject Subscription* Quantity Price 



29 


12 


50 


13 


31 


13 


32 


13 


33 


14A 


34 


15A 


35 


15A 


36 


15A 


37 


15A 


38 


15A 


39 


15A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


18 


45 


19A 


46 


20 


47 


21 


48 


21 


49 


21 




22 


50 


23 


51 


24 


52 


25 


53 


26 







New 


Chapter 


Subject 


Subscription* 


1 - 12 


Justice 


90.00 


1 - 6 


Labor 


30.00 


7 


OS HA 


45.00 


8 - 15 


I abor 


45.00 


1 - 11 


Crime Control and 






Public Safety 


45.00 


1 - 2 


EHNR (includes EMC) 


90.00 


3- 6 


EHNR 


45.00 


7 


Coastal Manasement 


45.00 


8 - 9 


EHNR 


30.00 


10 


Wildlife 


45.00 


11 - 18 


EHNR 


90.00 


19 - 26 


EHNR 






(includes Breathalizer) 


75.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7 - 11 


Revenue 


60.00 


1 - 7 


Secretary of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17 - 37 


Licensing Boards 


75.00 


38 - 70 


Licensing Boards 




1 - 2 


Administrative Procedures 


75.00 


1 - 2 


Coinmumtv Colleges 


10.00 


1 - 2 


Independent Agencies 


10.00 


1 


State Personnel 


60.00 


1 - 4 


Administrative Hearings 


10.00 



Total 

(Make checks payable to Ojfice of Administrative Hearings.) 
* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are Januaiy I through December 31. 



MAIL TO. 



OFFICE OF ADMINISTRATIVE HEARINGS 

POST OFFICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



W9LZ B"!I0JBD MUON 'qSiaicy 

9991 1 J3MBJa O d 

S§UIJB3H 3AIJBJJSIUIUIPV JO 33IJJO 



M3H 
WIS 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) 

Renew North Carolina Register 

Check Enclosed □ Please bill me 

ease make checks payable to Office of Administrative Hearings 

VME ADDRESS 

TY STATE ZIP . 

IONE 



2turn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage. 



CHANGE OF ADDRESS: 



1 . Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

. O. Drawer 11666 
Raleigh, North Carolina 276(M 




FIRST CLASS MAIL 



585 
UHIU. OF NORTH CAROLINA 
Lfty LIBRARY 
VAN HECKE-yETTACH 064-A 

CHAPEL HILL 



NC 27514